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UNITED STATES v. McCULLOUGH

Nos. 25746, 25744, 25861, 25886.

405 F.2d 722 (1969)

UNITED STATES of America, Appellant, v. Samuel E. McCULLOUGH, Appellee. UNITED STATES of America, Appellant, v. Bland Mann WATERS, Appellee. Olin G. BLACKWELL, Warden, United States Penitentiary, Atlanta, Georgia, Appellant, v. Richard Reed CRISWELL, Appellee. Olin G. BLACKWELL, Warden, United State Penitentiary, Atlanta, Georgia, Appellant, v. Rufus Killis SELLERS, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

January 3, 1969.

Attorney(s) appearing for the Case

Theodore E. Smith, Asst. U. S. Atty., Atlanta, Ga., Charles L. Goodson, U. S. Atty., for appellants.

James A. Branch, III, Atlanta, Ga., for appellee, McCullough.

Bland Mann Waters, pro se.

Richard Reed Criswell, pro se.

Rufus Killis Sellers, Jr., pro se.

Before BELL and COLEMAN, Circuit Judges, and HOOPER, District Judge.

BELL, Circuit Judge:

These four appeals were consolidated in order to consider one narrow question: whether several maximum sentences running concurrently are to be treated as a maximum sentence for purposes of crediting a prisoner with time spent in jail prior to sentencing under 18 U.S.C.A. § 3568 as interpreted in Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764. The District Court answered in the affirmative. Sellers v. United...

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