MYERS v. UNITED STATES

No. 25785.

446 F.2d 232 (1971)

George E. MYERS, Petitioner-Appellant, v. UNITED STATES of America et al., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 28, 1971.


Attorney(s) appearing for the Case

David J. Marchant (argued), of Graham & James, San Francisco, Cal., for appellant.

Michael L. Morehouse, Asst. U. S. Atty. (argued), Sidney I. Lezak, U. S. Atty., Portland, Or., for appellee.

Before BARNES, BROWNING and TRASK, Circuit Judges.


TRASK, Circuit Judge:

Appellant questions the lawfulness of the district court's refusal to allow credit to him against his sentence for time spent in jail prior to sentence for lack of bail.

We accord to appellant's contentions a liberal construction on the procedural questions involved, and thus reach the merits of his substantive claim. Jurisdiction is conceded under 28 U.S.C. § 2255.

Appellant, Myers, was indicted for bank robbery under 18...

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