MILLER

v.

NEW YORK

Citator

Cited By

• United States v. Dane, 570 F.2d 840 (9th Cir. 1977)
  …GOODWIN, Circuit Judge, dissenting: Imposition of conditions of probation is a nondelegable duty of the sentencing judge. United States v. Crocker, 435 F. 2d 601 (8th Cir. 1971); Whitehead v. United States, 155 F. 2d 460 (6th Cir.), cert. denied, 329 U.S. 747, 67 S.Ct. 66, 91 L.Ed. 644 (1946). The conditions of probation determine the restrictiveness and severity of the punishment imposed. They are an integral part of the probationary sentence and must be imposed in the defendant’s presence under Fed.R.…
• United States v. Mancuso, 444 F.2d 691 (5th Cir. 1971)
  …e parties are aggrieved, the amounts to be paid and the manner of payment should be recited in the order, rather than delegating these details to the probation officer. See Whitehead v. United States, 155 F. 2d 460, 462 (C.A. 6, 1946), cert. denied, 329 U.S. 747, 67 S.Ct. 66, 91 L.Ed. 644. For this reason the case is remanded for re-sentencing, but it is affirmed in all other respects. . Since Galati had not then been placed under the rule of sequestration, there was nothing per se improper in Galati talki…
• Sven Pete Tiitsman v. Black, 536 F.2d 678 (6th Cir. 1976)
  …lant would still be constitutionally in custody pursuant to the five-year sentence imposed on November 17, 1972. Cf. Gaddis v. United States, 280 F. 2d 334, 336 (6th Cir.1960); Whitehead v. United States, 155 F. 2d 460, 461 (6th Cir.), cert. denied, 329 U.S. 747, 67 S.Ct. 66, 91 L.Ed.2d 644 (1946). Alternatively, assuming that appellant was properly placed on probation, we observe that state and lower federal courts have wide discretion in revoking probation. See, e. g., United States v. Shapiro, 491 F. 2d…