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UNITED STATES v. DOWNEY

No. 72-1278.

469 F.2d 1030 (1972)

UNITED STATES of America, Appellee, v. Frank Peter DOWNEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1972.

Attorney(s) appearing for the Case

Frank Downey, pro se.

Daniel Bartlett, Jr., U. S. Atty., and William C. Martin, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before MATTHES, Chief Judge, and LAY and HEANEY, Circuit Judges.

PER CURIAM.

The District Court rejected Frank Peter Downey's petition for credit against a federal sentence for time spent in the St. Louis City Jail. Downey appealed to this Court, and the United States government moved to dismiss the appeal on the grounds that it was legally frivolous and wholly without merit. We deny the government's motion. We affirm the decision of the trial court for the reasons stated in its memorandum of April 27, 1972, D.C.,

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