Opinion · Court of Appeals for the Ninth Circuit

Joseph Sica v. United States

454 F.2d 281

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1971-12-29
Topic: general

How later courts describe this case

“[t]here is no reason for treating time spent on bail as jail time.”

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UpLaw has not yet analyzed Joseph Sica v. United States. The absence of a flag is not a finding that it is good law.

Cited by: 16 opinions

SICA v. UNITED STATES,454 F.2d 281(9th Cir. 1971)

JOSEPH SICA, DEFENDANT-APPELLANT, v. UNITED STATES OF AMERICA,

PLAINTIFF-APPELLEE.

No. 71-2528.

United States Court of Appeals, Ninth Circuit.

December 29, 1971.

Jake Erlich, San Francisco, Cal., for defendant-appellant.

Robert L. Meyer, U.S. Atty., David R. Nissen, Asst. U.S. Atty. and Chief, Crim. Div., Irving Prager, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before CHAMBERS, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

[1] 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 under28 U.S.C. § 2255. The order denying relief is affirmed.

[2] When appellant accepted his release on bail pending appeal, he in effectPage 282agreed 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).

[3] The unreported decision of this court on which appellant relies is not in point. Here is Sica's case the conditions of release were imposed by the Circuit Justice, not by the marshal.Page 283