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LAWRENSON v. BLACKWELL

No. 29883.

443 F.2d 365 (1971)

Charles E. LAWRENSON, Petitioner-Appellant, v. Olin G. BLACKWELL, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 18, 1971.

Attorney(s) appearing for the Case

Charles E. Lawrenson, pro se.

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

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Charles E. Lawrenson appeals from the district court's denial of his petition in the nature of mandamus. We affirm.1

Subsequent to his conviction of a federal offense, the appellant in 1960 elected not to commence service of his sentence pending his direct appeal, pursuant to Rule 38(a) (2), F.R.Crim.P. He now seeks credit for approximately 400 days spent in custody awaiting the disposition of his appeal.

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