UNITED STATES v. MANUELLA

No. 588, Docket 72-2274.

478 F.2d 440 (1973)

UNITED STATES of America, Appellee, v. Phillip MANUELLA, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 2, 1973.


Attorney(s) appearing for the Case

Sheila Ginsburg, New York City (Robert Kasanof, The Legal Aid Society, New York City, of counsel), for appellant.

Liam S. Coonan, Sp. Atty., Dept. of Justice, Brooklyn, N. Y. (Robert A. Morse, U. S. Atty., E.D. New York, and Sidney M. Glazer, Atty., Dept. of Justice, Washington, D. C., of counsel), for appellee.

Before FRIENDLY, Chief Judge, OAKES, Circuit Judge, and DAVIS, Judge.


OAKES, Circuit Judge:

This case involves an attempt by a federal district judge to avoid the two month or so delay, usual in his district (and others), in obtaining presentence reports, by sentencing immediately at conviction subject to subsequent revision. While the attempt was laudable in aim, and the statutes and rules of criminal procedure might be amended so as to permit the flexibility here sought, we cannot agree that the sentencing was proper under existing...

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