DAWSON v. SCOTT

No. 93-6240.

50 F.3d 884 (1995)

John F. DAWSON, Petitioner-Appellant, v. Roger SCOTT, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 6, 1995.


Attorney(s) appearing for the Case

John F. Dawson, Birmingham, AL, Jeff P. Manciagli (Court-appointed), Atlanta, GA, for appellant.

Jack W. Selden, U.S. Atty., Winfield J. Sinclair, Asst. U.S. Atty., Birmingham, AL, Joseph Douglas Wilson, U.S. Dept. of Justice, Criminal Div., Washington, DC, for appellee.

Before ANDERSON and BIRCH, Circuit Judges, and CONWAY, District Judge.


BIRCH, Circuit Judge:

This habeas case presents the first-impression issue for our circuit of whether sentence credit is applicable for time spent in a halfway or safe house as a condition of release on bond before adjudication of guilt or sentencing, or after sentencing prior to surrender to the custody of the Attorney General. The district court determined that denial of sentence credit for this time was the proper statutory and constitutional interpretation. We...

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