KAPLAN v. HECHT

No. 270.

24 F.2d 664 (1928)

KAPLAN v. HECHT, U. S. Marshal.

Circuit Court of Appeals, Second Circuit.

March 5, 1928.


Attorney(s) appearing for the Case

K. Henry Rosenberg, of New York City, for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Thomas J. Todarelli, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge (after stating the facts as above).

The legality of the order of June 7, 1926, granting Kaplan probation, is not questioned, nor could it be. As he had not begun to serve his sentence, the District Court had jurisdiction under the express terms of section 1 of the Probation Act of March 4, 1925 (18 USCA § 724), "to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms...

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