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UNITED STATES v. BEACON PIECE DYEING & FINISHING CO., INC.

No. 427, Docket 71-2065.

455 F.2d 216 (1972)

UNITED STATES of America, Appellee, v. BEACON PIECE DYEING & FINISHING CO., Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 1, 1972.

Attorney(s) appearing for the Case

David Berg, New York City (Robert F. Little, Berg, Mezansky & Dorf, New York City, of counsel), for defendant-appellant.

T. Gorman Reilly, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., of counsel), for appellee.

Before FRIENDLY, Chief Judge, and MOORE and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This case raises the simple but novel question whether a sentence to pay a fine in installments may—unlike a sentence to a prison term—be suspended after the judgment of conviction has been entered and the 120-day time limit within which sentence may be reduced under Fed.R.Crim.P. 35 has expired and a payment has been made on account of the fine.

Appellant attempts to avoid a $25,000 fine, levied under the Refuse Act of...

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