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UNITED STATES v. ROSENSTREICH

No. 200, Docket 22600.

204 F.2d 321 (1953)

UNITED STATES v. ROSENSTREICH.

United States Court of Appeals Second Circuit.

Decided May 15, 1953.

Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty. for the Western District of New York, Buffalo, N. Y. (Austin J. Donovan, Rochester, N. Y., of counsel), for appellee.

Harry Gittleson, Brooklyn, N. Y. (Arnold D. Roseman, New York City, of counsel), for appellant.

Before SWAN, Chief Judge, and A. N. HAND and FRANK, Circuit Judges.

FRANK, Circuit Judge.

It is well settled that, thanks to the double-jeopardy provision of the Fifth Amendment, a federal court may not increase (a) a sentence of imprisonment, once execution of the sentence has begun, or (b) a sentence to pay a fine, after the fine first imposed has been paid.1 We think that, for this purpose at least, probation — which has been called an "authorized mode...

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