Legal Opinion
Viggiano v. United States
District Court, S.D. New York
Decided October 31, 1967No. 61 Cr. 1115PublishedCited by 9 opinions
1Opinion of the Court
OPINION
WEINFELD, District Judge.
The defendant, committed on January 4, 1962, under section 5010(b) of the Youth Corrections Act, seeks credit for thirty-one days of presentence custody served because of alleged inability to make bail. Defendant relies on Stapf v. United States,1 and Dunn v. United States,2 both of which construed the pre1966 version of 18 U.S.C., section 3568 3 as granting credit for presentence custody to defendants sentenced to maximum prison terms under a nonmandatory minimum statute, as well as to those sentenced under a mandatory minimum statute. Those courts reasoned…
2Cases cited5 opinions
- Earl J. Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1962
- William Dunn v. United StatesCourt of Appeals for the Fourth Circuit · 1967
- Joseph Lee Thomas v. United StatesCourt of Appeals for the Tenth Circuit · 1964
- Kaplan v. HechtCourt of Appeals for the Second Circuit · 1928
- Sanford R. Baber v. United StatesCourt of Appeals for the Fifth Circuit · 1966
3Cited by9 opinions
- Jonah R. v. Gilbert CarmonaCourt of Appeals for the Ninth Circuit · 2006
- Billy Ray Hall v. O. M. Bostic, Monroe Prison Unit and the Attorney General of the State of North CarolinaCourt of Appeals for the Fourth Circuit · 1976
- Frye v. MoranDistrict Court, W.D. Texas · 1969
- United States v. Alexander E. Lewis, Jr.Court of Appeals for the D.C. Circuit · 1971
- United States v. HamiltonDistrict Court, E.D. North Carolina · 1969
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