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UNITED STATES v. GAINES

No. 414, Docket 35361.

436 F.2d 1069 (1971)

UNITED STATES of America, Appellee, v. Bernard GAINES, Petitioner-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 7, 1971.

Attorney(s) appearing for the Case

Robert P. Walton, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, and Daniel J. Sullivan, Asst. U. S. Atty., on the brief), for appellee.

Ann Wagner, New York City (Michael Meltsner and Jack Greenberg, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

PER CURIAM:

We affirm in open court the order of Judge Murphy in the Southern District of New York which denied Gaines' motion pursuant to 28 U.S.C. § 2255 to receive credit against his federal sentence for time spent in pretrial state custody after he was sentenced by Judge Murphy to two years imprisonment on June 20, 1968 following his plea of guilty to illegally possessing and dispensing a narcotic drug.

On January 9, 1968, Gaines was arrested by New...

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