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U.S. v. GARCIA-GUTIERREZ

No. 87-5505 Summary Calendar.

835 F.2d 585 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo GARCIA-GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 12, 1988.

Attorney(s) appearing for the Case

Ricardo Garcia Gutierrez, pro se.

LeRoy Morgan Jahn, Asst. U.S. Atty., Lisa A. Kahn, Dept. of Justice, Gen. Litigation & Legal Advice Sect., Crim. Div., Washington, D.C., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

In this appeal we examine the rules governing the crediting of a federal sentence for time served in a state or local prison on an unrelated offense. The district court rejected a pro se filing it viewed as a Fed.R.Crim.P. 35 motion which Ricardo Garcia-Gutierrez entitled "To Correct Judgment and Commitment to Reflect Time Credit for Incarceration Pursuant to Federal Custody." For the reasons assigned, we affirm.

On December 13...

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