Albert Raymond Schmidt v. United States

Fifth Circuit

Albert Raymond Schmidt v. United States

396 F.2d 804, 1968 U.S. App. LEXIS 6530

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 14, 1968

Docket25383

StatusPublished

Cited by1 cases

This text of 396 F.2d 804 (Albert Raymond Schmidt v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albert Raymond Schmidt v. United States, 396 F.2d 804, 1968 U.S. App. LEXIS 6530 (5th Cir. 1968).

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Opinion

PER CURIAM:

Appellant is seeking credit for time spent in custody prior to being sentenced *805 on March 26, 1965, to serve four concurrent five-year sentences for violations of 18 U.S.C. § 2314.

The sentence was imposed prior to the effective date of the 1966 amendment to 18 U.S.C. Section 3568, for offenses as to which there is no statutory minimum term, and the sentence was substantially less than that which could have been imposed. Upon these facts, there is a conclusive presumption that credit for such custody was given by the sentencing judge. Bryans v. Blackwell, 5th Cir. 1967, 387 F.2d 764; Walker v. United States, 5th Cir. 1968, 388 F.2d 605; Ballard v. United States, 5th Cir. 1968, 388 F.2d 607; Howard v. Blackwell, 5th Cir. 1967, 389 F.2d 84.

Affirmed.

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PER CURIAM:

Appellant is seeking credit for time spent in custody prior to being sentenced *805 on March 26, 1965, to serve four concurrent five-year sentences for violations of 18 U.S.C. § 2314.

The sentence was imposed prior to the effective date of the 1966 amendment to 18 U.S.C. Section 3568, for offenses as to which there is no statutory minimum term, and the sentence was substantially less than that which could have been imposed. Upon these facts, there is a conclusive presumption that credit for such custody was given by the sentencing judge. Bryans v. Blackwell, 5th Cir. 1967, 387 F.2d 764; Walker v. United States, 5th Cir. 1968, 388 F.2d 605; Ballard v. United States, 5th Cir. 1968, 388 F.2d 607; Howard v. Blackwell, 5th Cir. 1967, 389 F.2d 84.

Affirmed.

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396 F.2d 804, 1968 U.S. App. LEXIS 6530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albert-raymond-schmidt-v-united-states-ca5-1968.

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