Such, in effect, increase of sentence by deprivation of good time was error. Tinin v. United States, 10 Cir., 1966, 361 F.2d 829; see Walker v. United States, 5 Cir., 1968, 388 F.2d 605; 18 U.S.C. § 4161, 4202. This was prior to the 1966 amendment of section 3568 making such credit compulsory.
The sentence was imposed prior to the effective date of the 1966 amendment to 18 U.S.C. § 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. Affirmed.
But unlike the others whose earlier sentences came under the conclusive presumption of credit, Putt's sentence was for the maximum term, so he will get some specific reduction. Recent cases applying it include: Ballard v. United States, 5 Cir., 1968, 388 F.2d 607 [revised January 29, 1968]; Walker v. United States, 5 Cir., 1968, 388 F.2d 605 [revised January 29, 1968]; Howard v. Blackwell, 5 Cir., 1967, 389 F.2d 84. It is obvious from the face of the sentence itself that no credit has yet been given. Nor is this altered by the fact that under Section 4208(a)(2), the Parole Board has the power to release Appellant "at such time as the Board of Parole may determine."
Bryans v. Blackwell, 5 Cir. 1967, 387 F.2d 764; Stapf v. United States, 1966, 125 U.S.App.D.C. 100, 367 F.2d 326; Dunn v. United States, 4 Cir. 1967, 376 F.2d 191. See also Walker v. United States, 5 Cir., 1968, 388 F.2d 605, decided this day. Title 18 U.S.C. § 3568 (1967):
Bryans v. Blackwell, 387 F.2d 764, 767 (5 C.A.1967); Dunn v. United States, 376 F.2d 191 (4 C.A.1967), reversing 38 F.R.D. 182 (W.D.S.C.1965); Stapf v. United States, 125 U.S.App.D.C. 100, 367 F.2d 326 (1966). The Fifth Circuit reiterated its position on this issue in two cases decided this year, Ballard v. United States, 388 F.2d 607 (5 C.A.1968), and Walker v. United States, 388 F.2d 605 (5 C.A.1968). This court therefore believes that, in a proper case, credit for presentence custody may be given to a prisoner sentenced between 1960 and 1966,