McCARTNEY v. UNITED STATES

No. 21489.

382 F.2d 116 (1967)

Frank J. McCARTNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 31, 1967.


Attorney(s) appearing for the Case

Frank Joseph McCartney, in pro. per.

John P. Hyland, U. S. Atty., William B. Shubb, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before HAMLEY and MERRILL, Circuit Judges, and MATHES, District Judge.


MERRILL, Circuit Judge.

Appellant asserts that through oversight the District Court failed to credit him on resentencing with good-conduct time and industrial good-time earned by him under the original sentence, and that through further oversight the District Court, on motion to modify sentence, failed to correct this error.

In 1959 appellant pleaded guilty to three counts of bank robbery and was sentenced to a prison term of fifteen years. This judgment subsequently...

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