United States v. George Charles Guzzi

Third Circuit

United States v. George Charles Guzzi

275 F.2d 725, 1960 U.S. App. LEXIS 5139

CourtCourt of Appeals for the Third Circuit

DecidedMarch 14, 1960

Docket13091_1

StatusPublished

Cited by8 cases

This text of 275 F.2d 725 (United States v. George Charles Guzzi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. George Charles Guzzi, 275 F.2d 725, 1960 U.S. App. LEXIS 5139 (3d Cir. 1960).

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Opinion

PER CURIAM.

The legal question presented in this appeal is whether a defendant in a criminal case whose probation is revoked may have the time on probation credited to his original sentence. The District Court held that it did not, D.C.E.D.Pa.1959, 177 F.Supp. 785. Whatever may be the differences of opinion in the various states on this subject, the federal rule is clear that such time is not credited to the defendant on his sentence. See the last sentence of 18 U.S.C.A. § 3653 and Kaplan v. Hecht, 2 Cir., 1928, 24 F.2d 664, and Allen v. United States, 6 Cir., 1953, 209 F.2d 353, certiorari denied, 1954, 347 U.S. 970, 74 S.Ct. 782, 98 L.Ed. 1111.

The judgment will be affirmed.

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PER CURIAM.

The legal question presented in this appeal is whether a defendant in a criminal case whose probation is revoked may have the time on probation credited to his original sentence. The District Court held that it did not, D.C.E.D.Pa.1959, 177 F.Supp. 785. Whatever may be the differences of opinion in the various states on this subject, the federal rule is clear that such time is not credited to the defendant on his sentence. See the last sentence of 18 U.S.C.A. § 3653 and Kaplan v. Hecht, 2 Cir., 1928, 24 F.2d 664, and Allen v. United States, 6 Cir., 1953, 209 F.2d 353, certiorari denied, 1954, 347 U.S. 970, 74 S.Ct. 782, 98 L.Ed. 1111.

The judgment will be affirmed.

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Bluebook (online)

275 F.2d 725, 1960 U.S. App. LEXIS 5139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-george-charles-guzzi-ca3-1960.

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