WAGSTAFF v. UNITED STATES

No. 8893.

370 F.2d 444 (1966)

Joseph H. WAGSTAFF, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 21, 1966.


Attorney(s) appearing for the Case

Howard C. Allman, Oklahoma City, Okl., for appellant.

William T. Thurman, U. S. Atty., and H. Ralph Klemm, Asst. U. S. Atty., for appellee.

Before BREITENSTEIN and SETH, Circuit Judges, and KERR, United States District Judge.


KERR, District Judge.

This is an appeal from the order of the trial court denying appellant's motion for relief under 28 U.S.C. Section 2255. In his motion to vacate, amend or correct sentence appellant attempted to have the sentence imposed upon him by the District Court for the District of Utah modified to credit him for time served in jail prior to trial because he was unable to post bail which he alleged was excessive. The trial court denied the motion without...

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