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Joseph Sica v. United States

Joseph SICA, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee

Sica v. United States, 454 F.2d 281 (9th Cir. 1971)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
December 29, 1971
Docket
No. 71-2528
Judges
Chambers, Wright, Kilkenny
Citations
454 F.2d 2811971 U.S. App. LEXIS 6378

Opinion — Per Curiam

PER CURIAM:

Petitioner, a federal prisoner, brought this proceeding under F.R.Cr.P. Rule 35. That rule is not applicable to his claims. However, since the sentencing court addresses itself to the merits of Sica’s claim, and since both sides have fully briefed the issue, we treat this as a motion under 28 U.S.C. § 2255 . The order denying relief is affirmed.

When appellant accepted his release on bail pending appeal, he in effect *282 agreed to staying his sentence. F.R.Cr. P. Rule 38; 18 U.S.C. § 3568 . There is no reason for treating time spent on bail as jail time. See, Marchese v. McEachen, 451 F.2d 555 (9th Cir. 1971).

The unreported decision of this court on which appellant relies is not in point. Here in Sica’s case the conditions of release were imposed by the Circuit Justice, not by the marshal.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 16 cases

View all citing references →
1974: 71976: 11977: 11985: 11987: 31989: 21990: 119742026peak 1974 · 7

Relies on it most ⓘ

  1. Hogan v. United States383 F. Supp. 850 (D.S.C. 1974)
  2. Steven Lynn Ramsey v. Edward Brennan878 F.2d 995 (7th Cir. 1989)
  3. United States v. Ruben Morales Robles563 F.2d 1308 (9th Cir. 1977)
  4. Polakoff v. United States489 F.2d 727 (5th Cir. 1974)
  5. United States v. Peterson507 F.2d 1191 (D.C. Cir. 1974)
  6. United States v. Raul Casiano Figueroa828 F.2d 70 (1st Cir. 1987)

Most recent

  1. United States v. Beavers740 F. Supp. 549 (C.D. Ill. 1990)
  2. Steven Lynn Ramsey v. Edward Brennan878 F.2d 995 (7th Cir. 1989)
  3. Hattermann v. United States743 F. Supp. 578 (C.D. Ill. 1989)
  4. Brown v. Rison673 F. Supp. 1505 (C.D. Cal. 1987)
  5. United States v. Raul Casiano Figueroa828 F.2d 70 (1st Cir. 1987)
  6. United States v. Gary L. Hudson815 F.2d 80 (6th Cir. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Marchese v. Angus D. McEachen Chief United States Prob. Officer, 451 F.2d 555 (9th Cir. 1971) 6

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