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McINTYRE v. UNITED STATES

No. 74-1881.

508 F.2d 403 (1975)

Herbert McINTYRE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 13, 1975.

Attorney(s) appearing for the Case

Herbert McIntyre, filed brief pro se.

Donald Stohr, U. S. Atty. and Richard E. Coughlin, Asst. U. S. Atty., St. Louis, Mo., filed typewritten brief for respondent-appellee.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.

PER CURIAM.

The district court rejected Herbert McIntyre's petition for credit against a federal sentence for time spent in the St. Louis City Jail. McIntyre has appealed, and we affirm the decision of the trial court.1

The relevant facts are as follows:

(1) On August 29, 1973, McIntyre was arrested on a federal charge of theft from an interstate shipment.

(2) On September 21, 1973, he was released from custody...

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