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409 F.2d 5

Docket No. 24287.

Bostick v. United States

Fifth Circuit Court of Appeals

Decided March 24, 1969.

Fifth Circuit Court of Appeals · decided 1969-03-24

Cited by 9 later decisions — most recently February 1979

7 federal appellate ·

2 counsel of record

Relies on Bryans v. Blackwell · Lee v. United States · United States v. McCullough

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1969-03-24

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¶1R. S. Carrigan, Houston, Tex., Michael Lowenberg, Dallas, Tex., for appellants.

¶2James R. Gough, Ronald Blask, Asst. U. S. Attys., Houston, Tex., for appellee.

¶3ON PETITIONS FOR REHEARING

¶4Before JOHN R. BROWN, Chief Judge and WISDOM, Circuit Judge, and BREWSTER, District Judge.

¶5PER CURIAM:

¶6The petition of the United States for a rehearing is denied.

¶7A defendant who receives the maximum sentence on each of several counts, the sentences to run concurrently, must be considered as having received *6the maximum sentence provided by law within the meaning of Bryans v. Blackwell, 5 Cir. 1967, 387 F.2d 764. See the recent decision of this Court in United States v. McCullough, 5 Cir. 1969, 405 F.2d 722. Accord: Lee v. United States, 9 Cir. 1968, 400 F.2d 185. In the case now before the Court, therefore, the good time credit should be computed at the rate of ten days a month because the maximum sentence of ten years was imposed upon the defendants.

¶8To clarify our original opinion, we point out that there is no need to remand the case for a sentence allowing credit for time served prior to sentencing. “The computation of the service of a legally rendered sentence is an administrative responsibility.” Lee v. United States, 400 F.2d at 189. The law requires the Attorney General to give credit administratively to the defendants for the pre-sentence jail service.

¶9The petition of Charles P. Lainhart for a rehearing is denied.

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