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    United States v. Clyde Michael Morgan, 900 F.2d 257, 4th Cir. (1990)

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    This document is an unpublished appellate court decision from the United States Court of Appeals for the Fourth Circuit regarding a prisoner's motion for credit on his federal sentence. The court affirmed the denial of credit for time spent in state custody and while on bail. However, it remanded the case for determination of whether the prisoner is entitled to 11 days credit for time spent in alleged federal custody before trial and pending appeal, as the record did not show if he was actually in federal custody during that time period.

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    United States v. Clyde Michael Morgan, 900 F.2d 257, 4th Cir. (1990)

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    This document is an unpublished appellate court decision from the United States Court of Appeals for the Fourth Circuit regarding a prisoner's motion for credit on his federal sentence. The court affirmed the denial of credit for time spent in state custody and while on bail. However, it remanded the case for determination of whether the prisoner is entitled to 11 days credit for time spent in alleged federal custody before trial and pending appeal, as the record did not show if he was actually in federal custody during that time period.

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    Filed: 1990-04-17 Precedential Status: Non-Precedential Citations: 900 F.2d 257 Docket: 89-7860

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    This document is an unpublished appellate court decision from the United States Court of Appeals for the Fourth Circuit regarding a prisoner's motion for credit on his federal sentence. The court affirmed the denial of credit for time spent in state custody and while on bail. However, it remanded the case for determination of whether the prisoner is entitled to 11 days credit for time spent in alleged federal custody before trial and pending appeal, as the record did not show if he was actually in federal custody during that time period.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    51 views2 pages

    United States v. Clyde Michael Morgan, 900 F.2d 257, 4th Cir. (1990)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished appellate court decision from the United States Court of Appeals for the Fourth Circuit regarding a prisoner's motion for credit on his federal sentence. The court affirmed the denial of credit for time spent in state custody and while on bail. However, it remanded the case for determination of whether the prisoner is entitled to 11 days credit for time spent in alleged federal custody before trial and pending appeal, as the record did not show if he was actually in federal custody during that time period.

    Copyright:

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    of 2

    900 F.

    2d 257
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Clyde Michael MORGAN, Defendant-Appellant.
    No. 89-7860.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 5, 1990.
    Decided March 16, 1990.
    Rehearing and Rehearing In Banc Denied April 17, 1990.

    Appeal from the United States District Court for the Western District of
    North Carolina, at Asheville. Woodrow Wilson Jones, Senior District
    Judge. (CR-84-132-A).
    Clyde Michael Morgan, appellant pro se.
    Thomas J. Ashcraft, United States Attorney, Asheville, N.C., for appellee.
    W.D.N.C.
    AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
    Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit
    Judges.
    PER CURIAM:

    Clyde Morgan, a prisoner at FCI Butner, appeals the order of the district court
    denying his motion for credit on his federal sentence.1 Morgan sought credit for
    time spent while he was in state custody, in federal custody prior to making bail

    before trial and pending appeal, and on bail prior to trial and pending appeal.2
    The district court summarily denied the motion. We affirm the denial of credit
    for time spent in state custody and while on bail, but remand for a
    determination of whether Morgan is entitled to 11 days credit for time allegedly
    spent in federal custody.
    2

    Under 18 U.S.C. Sec. 3568, a federal prisoner is entitled to credit for time
    "spent in custody in connection with the offense or acts for which sentence was
    imposed." However, a prisoner is not "in custody" for purposes of Sec. 3568
    while on pre-trial bail, see United States v. Figueroa, 828 F.2d 70 (1st
    Cir.1987), Marrera v. Edwards, 812 F.2d 1517 (6th Cir.1987), or while on bail
    pending appeal. See Cerrella v. Hanberry, 650 F.2d 606 (5th Cir.), cert. denied,
    454 U.S. 1034 (1981). Likewise, a federal prisoner is not entitled to time spent
    in state custody pending state charges. See Boniface v. Carlson, 856 F.2d 1434
    (9th Cir.1988); United States v. Garcia-Gutierrez, 835 F.2d 585 (5th Cir.1988).

    However, Morgan may be entitled to credit for time he claims he spent in


    federal custody prior to making bail before trial (3 days) and prior to making
    appeal bond (8 days). The record does not disclose whether Morgan was
    actually in federal custody as alleged or whether he was actually denied such
    credit. We leave the resolution of these issues to the district court on remand. If
    Morgan was in federal custody and he was denied such credit, he is entitled to
    appropriate credit. 18 U.S.C. Sec. 3568.

    Accordingly, we affirm the denial of credit for time spent in state custody and
    while on bail, and remand for determination of credit for time spent in federal
    custody. We dispense with oral argument because the facts and legal
    contentions are adequately presented and oral argument would not aid the
    decisional process.

    AFFIRMED IN PART, REVERSED IN PART, AND REMANDED

    Morgan is serving a 10-year sentence for voluntary manslaughter

    Morgan claimed that he was entitled to 22 days credit for time spent in state
    custody, 11 days for time spent in federal custody, and 573 days for time spent
    on bail

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