UNITED STATES OF AMERICA
v.
CLIFFORD CHARLES SEIB, JR., APPELLANT
UNITED STATES OF AMERICA
CLIFFORD CHARLES SEIB, JR., APPELLANT
439 F.2d 1135
United States Court of Appeals for the Third Circuit (1971)
Opinion of the Court
PER CURIAM:
Prior to the 1966 amendment to 18 U.S.C. § 3568 the appellant was sentenced, following a guilty plea, to seven years imprisonment for violation of 18 U.S.C. § 2113(b). The maximum sentence for that offense is ten years. On September 18, 1970 he moved before the sentencing judge pursuant to Rule 35, Fed.R.Crim.P. for reduction or correction of his sentence to reflect credit for 74 days spent in custody prior to the imposition of sentence. That motion was denied and this appeal followed. The precise situation has heretofore been presented in Amato v. United States, 374 F. 2d 36 (3 Cir. 1967), which held that denial of a motion to reduce a pre-1966 sentence of less than the maximum by crediting time in pre-sentence custody was not error.1
The order of the district court will be affirmed.
. Accord, United States v. Whitfield, 411 F. 2d 545 (8 Cir. 1969); Schreter v. United States, 265 F.Supp. 369 (D.N.J. 1967). Contra, United States v. Smith, 379 F. 2d 628 (7 Cir. 1967). Cf. Sobell v. United States, 407 F. 2d 180 (2 Cir. 1969); Lee v. United States, 400 F. 2d 185 (9 Cir. 1968); United States v. Jones, 393 F. 2d 728 (6 Cir. 1968); Bryans v. Blackwell, 387 F. 2d 764 (5 Cir. 1967); Dunn v. United States, 376 F. 2d 191 (4 Cir. 1967); Stapf v. United States, 125 U.S.App.D.C. 100, 367 F. 2d 326 (1966).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stapf v. United States, 367 F.2d 326 (D.C. Cir. 1966)
- Bryans v. Blackwell, 387 F.2d 764 (5th Cir. 1967)
- Dunn v. United States, 376 F.2d 191 (4th Cir. 1967)
- United States v. Smith, 379 F.2d 628 (7th Cir. 1967)
- LEE v. United States, 400 F.2d 185 (9th Cir. 1968)
- Amato v. United States, 374 F.2d 36 (3d Cir. 1967)
- Morton Sobell v. United States, 407 F.2d 180 (2d Cir. 1969)
- United States v. Whitfield, 411 F.2d 545 (8th Cir. 1969)
- United States v. Jones, 393 F.2d 728 (6th Cir. 1968)