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BALLARD v. BLACKWELL

No. 30990 Summary Calendar.

449 F.2d 868 (1971)

Willie F. BALLARD, Petitioner-Appellant, v. Olin G. BLACKWELL, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 19, 1971.

Attorney(s) appearing for the Case

John C. Pennington, Atlanta, Ga. (Court appointed), for petitioner-appellant.

John W. Stokes, Jr., U. S. Atty., Richard H. Still, Jr., Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The single issue on this appeal is whether Willie F. Ballard, presently serving a sentence in Federal custody for violation of the Dyer Act, is entitled by virtue of 18 U.S.C.A. § 35681 to mandatory credit for time spent in State pretrial confinement. Unfortunately, while the law is clear, the facts are not, and we must therefore remand to the District Court for additional findings on the critical question...

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