Michael Vignera v. Attorney General of the United States

455 F.2d 637, 1972 U.S. App. LEXIS 11487

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 3, 1972
• Docket: 71-2412
• Status: Published

Opinion

PER CURIAM:

Michael Vignera, the appellant, has sought credit on his federal sentence for time spent in a federal detention center under writs of habeas corpus ad prosequendum. The district court denied relief on the ground that during this time Vignera was serving a New York state sentence. We agree with the district court that 18 U.S.C. § 3568, providing credit for jail time served “in connection with the [federal] offense,” does not require granting of credit where the prisoner has already received full credit for that time on his state sentence which was served prior to the federal sentence. Howard v. United States, 420 F.2d 478 (5th Cir. 1970); Radeliffe v. Clark, 451 F.2d 250 (5th Cir. 1971). Revocation of appellant’s state parole because of his federal arrest and conviction does not render § 3568 applicable. Chaplin v. United States, 451 F.2d 179 (5th Cir. 1971).

Affirmed.