Truman Adonis Williams v. United States

Petitioner appeals from the denial of his claim, made under 28 U.S.C. § 2255 , that he should have been given credit for the time that he was in custody before sentence was imposed. We affirm.

Petitioner was given two 3-year consecutive sentences on May 81, 1966, one under 18 U.S.C. § 2312 (Dyer Act) and another under 15 U.S.C. § 902 (Firearms Act), since repealed. Both convictions carried possible maximum sentences of 5 years. Petitioner’s direct appeal was affirmed by this court and the Supreme Court denied certiorari. Williams v. United States, 9 Cir., 1967, 381 F.2d 382 , cert. denied 390 U.S. 960 , 88 S.Ct. 1059 , 19 L.Ed.2d 1157 .

While petitioner’s direct appeal was pending in this court, Congress, on June 22, 1966, amended 18 U.S.C. § 3568 , governing credit for timé in custody before the imposition of sentence. Before the amendment, credit for presentence custody was required only with regard to mandatory minimum sentences or where a maximum sentence was imposed. Lee v. United States, 9 Cir., 1968, 400 F.2d 185; Stapf v. United States, 1966, 125 U.S.App.D.C. 100 , 367 F.2d 326 ; Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764 . On the other hand, in cases involving no…