Pernatto v. United States

Joseph Pernatto was convicted in the District Court for the District of New Jersey on a charge of conspiracy to violate the alcohol tax laws and was sentenced to imprisonment. The judgment of conviction and sentence was entered July 1, 1938. Upon appeal the judgment was affirmed by this court. 104 F.2d 427. After the mandate of this court had come down and pending its execution he petitioned the District Court to suspend the execution of his sentence and to place him upon probation. The petition was filed long after the expiration of the term at which he was sentenced,

The District Court…