UNITED STATES OF AMERICA
v.
GEORGE CHARLES GUZZI, APPELLANT
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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Anglin v. Johnston, 504 F.2d 1165 (7th Cir. 1974)
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Thomas v. United States, 327 F.2d 795 (10th Cir. 1964)
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Sanford R. Baber v. United States, 368 F.2d 463 (5th Cir. 1966)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kaplan v. Hecht, 24 F.2d 664 (2d Cir. 1928)
- Allen v. United States, 209 F.2d 353 (6th Cir. 1953)
- Taylor v. Interstate Commerce Comm'n, 209 F.2d 353 (9th Cir. 1953)
- Allen v. United States, 347 U.S. 970 (U.S. 1954)
- Hogan v. Ricketts, 347 U.S. 970 (U.S. 1954)