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UNITED STATES v. NOTO

No. 145, Docket 23835.

226 F.2d 953 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. John Francis NOTO, Defendant, Appellant.

United States Court of Appeals Second Circuit.

Decided October 31, 1955.

Attorney(s) appearing for the Case

John O. Henderson, U. S. Atty., Western District of New York (Alexander C. Cordes, Asst. U. S. Atty., of counsel), for plaintiff-appellee.

Charles J. McDonough, Buffalo, N. Y., for defendant-appellant.

Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.

MEDINA, Circuit Judge.

The sole question before us on this appeal is whether the fixing of defendant's bail, before trial, at $30,000, constituted a clear abuse of discretion or involved other mistake of law, Stack v. Boyle, 1951, 342 U.S. 1, 13, 72 S.Ct. 1, 96 L.Ed. 3, as the fixing of bail is essentially a matter of judgment, involving the imponderable factors set forth in Fed.Rules Crim.Proc., 46(c).

The indictment, filed...

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