John Aldridge v. United States

John Aldridge appeals from a district court order denying his motion for correction of sentence under Rule 35, Federal Rules of Criminal Procedure. His sole contention on this appeal is that he should be given credit, under 18 U.S.C. § 3568 , for the approximately six months he spent in jail for want of bail prior to judgment.

A Rule 35 proceeding is inappropriate for the obtaining of such relief. See Lee v. United States, 9 Cir., 400 F.2d 185, 188, 189. But, as this court did in that case, we will regard the proceeding as one for habeas corpus relief for the purpose of considering Aldridge’s contention on the merits. If he is entitled to a reduction in time to be served, this may be ordered in a habeas corpus proceeding notwithstanding the fact that it will not entitle him to immediate release. See Peyton v. Rowe, 391 U.S. 54, 66 , 88 S.Ct. 1549 , 20 L.Ed.2d 426 .

Aldridge is in federal custody following his conviction, on April 13, 1966, on two counts of an indictment charging violations of 18 U.S.C. §§ 471 and 474 (1964), relating to counterfeiting offenses. On August 9, 1966, he received a final sentence, under 18 U.S.C. § 4208 (a) (2) (1964), of seven years on each count,…