Joseph Sica v. United States

Ninth Circuit

Joseph Sica v. United States

454 F.2d 281, 1971 U.S. App. LEXIS 6378

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 29, 1971

Docket71-2528

StatusPublished

Cited by16 cases

This text of 454 F.2d 281 (Joseph Sica v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Joseph Sica v. United States, 454 F.2d 281, 1971 U.S. App. LEXIS 6378 (9th Cir. 1971).

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Opinion

PER CURIAM:

Petitioner, a federal prisoner, brought this proceeding under F.R.Cr.P. Rule 35. That rule is not applicable to his claims. However, since the sentencing court addresses itself to the merits of Sica’s claim, and since both sides have fully briefed the issue, we treat this as a motion under 28 U.S.C. § 2255. The order denying relief is affirmed.

When appellant accepted his release on bail pending appeal, he in effect *282 agreed to staying his sentence. F.R.Cr. P. Rule 38; 18 U.S.C. § 3568. There is no reason for treating time spent on bail as jail time. See, Marchese v. McEachen, 451 F.2d 555 (9th Cir. 1971).

The unreported decision of this court on which appellant relies is not in point. Here in Sica’s case the conditions of release were imposed by the Circuit Justice, not by the marshal.

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PER CURIAM:

Petitioner, a federal prisoner, brought this proceeding under F.R.Cr.P. Rule 35. That rule is not applicable to his claims. However, since the sentencing court addresses itself to the merits of Sica’s claim, and since both sides have fully briefed the issue, we treat this as a motion under 28 U.S.C. § 2255. The order denying relief is affirmed.

When appellant accepted his release on bail pending appeal, he in effect *282 agreed to staying his sentence. F.R.Cr. P. Rule 38; 18 U.S.C. § 3568. There is no reason for treating time spent on bail as jail time. See, Marchese v. McEachen, 451 F.2d 555 (9th Cir. 1971).

The unreported decision of this court on which appellant relies is not in point. Here in Sica’s case the conditions of release were imposed by the Circuit Justice, not by the marshal.

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454 F.2d 281, 1971 U.S. App. LEXIS 6378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-sica-v-united-states-ca9-1971.

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