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.”
Citator
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.
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.
Before CHAMBERS, WRIGHT and KILKENNY, Circuit Judges.
[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