United States v. Beacon Piece Dyeing & Finishing Co., Inc.

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 1899, 33 U.S.C. § 411, for ten separate substantive violations of the Act. 33 U. S.C. § 407. The fine was originally imposed as a lump sum, but then…