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396 F.2d 804

Docket No. 25383.

Schmidt v. United States

Fifth Circuit Court of Appeals

Decided June 14, 1968.

Fifth Circuit Court of Appeals · decided 1968-06-14

3 counsel of record

Applies 18 U.S.C. § 2314

Relies on Bryans v. Blackwell · Ballard v. United States · Howard v. Blackwell

Opinion by (per_curiam) · Decided 1968-06-14

¶1Albert Raymond Schmidt, pro se.

¶2Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for appellee.

¶3Before THORNBERRY and SIMPSON, Circuit Judges, and SUTTLE, District Judge.

¶4PER CURIAM:

¶5Appellant is seeking credit for time spent in custody prior to being sentenced *805on March 26, 1965, to serve four concurrent five-year sentences for violations of 18 U.S.C. § 2314.

¶6The 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.

¶7Affirmed.

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