Vincent Amato, Appellant, v. United States of America, 374 F.2d 36 (3d Cir. 1967)

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U.S. Court of Appeals for the Third Circuit - 374 F.2d 36 (3d Cir. 1967) Submitted January 20, 1967
Decided February 10, 1967

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.



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.