Amato v. United States

Decision Date10 February 1967
Docket NumberNo. 16247.,16247.
Citation374 F.2d 36
PartiesVincent AMATO, Appellant, v. UNITED STATES of America.
CourtU.S. Court of Appeals — Third Circuit

Vincent Amato, pro se.

George J. Koelzer, Asst. U. S. Atty., David M. Satz, Jr., U. S. Atty., Newark, N. J., for appellee.

Before HASTIE, GANEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from the refusal of a sentencing court, long after conviction and commitment, to reduce a sentence by the number of days of the appellant's incarceration while awaiting trial.

The sentence in question was substantially less than the maximum provided by Congress. The judge who denied the present request for relief is the judge who imposed the sentence originally. This sentence was imposed long before the effective date of the provision of the Bail Reform Act of 1966 concerning credit for presentence incarceration.

The judgment will be affirmed.

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18 cases
  • Gilbert v. United States
    • United States
    • U.S. District Court — Southern District of New York
    • 7 Abril 1969
    ...Cir.), cert. denied, 393 U.S. 929, 89 S.Ct. 264, 21 L.Ed.2d 266 (1968); Bryans v. Blackwell, supra 387 F.2d at 766; Amato v. United States, 374 F.2d 36 (3d Cir. 1967); Malone v. United States, 269 F. Supp. 755, 756 (N.D.Fla.1967). It is clear from a review of these cases that the 1966 amend......
  • Mid-South Towing Co. v. Har-Win, Inc.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 4 Junio 1984
    ... ... OKC CORPORATION LIQUIDATING TRUST, Defendant-Appellant ... No. 82-3680 ... United States Court of Appeals, ... Fifth Circuit ... June 4, 1984 ...         Charles L. Stern, ... ...
  • Kukla v. National Distillers Products Company
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 2 Agosto 1973
    ... ... PENN CENTRAL TRANSPORTATION CO., Third-Party Defendant ... No. 72-2152 ... United States Court of Appeals, Sixth Circuit ... Argued April 19, 1973 ... Decided August 2, ... ...
  • Holt v. United States, 17602.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 23 Enero 1970
    ...concurrent five year sentence under the first count, which was considerably below the maximum provided for the offense. Amato v. United States, 374 F.2d 36 (3 Cir. 1967). This circumstance makes the petitioner\'s point on this appeal purely academic and of no real Petitioner's argument that......
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