DUKE v. BLACKWELL

No. 29243 Summary Calendar.

429 F.2d 531 (1970)

Wade George DUKE, Petitioner-Appellant, v. Olin G. BLACKWELL, Warden, U. S. Penitentiary, Atlanta, Georgia, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 1970.


Attorney(s) appearing for the Case

Wade George Duke, pro se.

John W. Stokes, Jr., U. S. Atty., Allen I. Hirsch, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


PER CURIAM.

Wade George Duke appeals from the district court's denial of his petition for a writ of mandamus to require federal officials to give him credit for time spent in jail pending appeal. We affirm.1

Appellant was convicted of transporting a stolen motor vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and was sentenced on December 8, 1964 to serve the statutory maximum of five years imprisonment. On...

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