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United States v. Minker

United States Court of Appeals, Third Circuit
Jan 13, 1964
326 F.2d 411 (3d Cir. 1964)

Opinion

No. 14720.

Argued January 9, 1964.

Decided January 13, 1964.

B. Nathaniel Richter, Richter, Lord, Toll Cavanaugh, Philadelphia, Pa., for appellant.

Thomas F. McBride, Dept. of Justice, Washington, D.C., for appellee.

Before STALEY, HASTIE and SMITH, Circuit Judges.


This is an appeal from an order of the district court denying appellant enlargement on bail. The appellant is presently serving a sentence in the Lewisburg Penitentiary following a conviction in the United States District Court for the Eastern District of Pennsylvania. The validity of that conviction and sentence is not challenged in this proceeding. However, while serving sentence on that conviction, he was indicted by the Federal Grand Jury for a separate and distinct offense. He then applied to the District Court for enlargement on bail in order that he might be "afforded the effective assistance of counsel" in preparation for the trial on this indictment. Of course, this appeal does not involve a claim that the appellant has been or will be denied the opportunity to confer with his attorney at any proper time.

The district court held that it was without jurisdiction to grant bail. We think it abundantly clear that this decision was correct in the circumstances of this case.

The order of the district court will be affirmed.


Summaries of

United States v. Minker

United States Court of Appeals, Third Circuit
Jan 13, 1964
326 F.2d 411 (3d Cir. 1964)
Case details for

United States v. Minker

Case Details

Full title:UNITED STATES of America v. Abraham MINKER, Appellant

Court:United States Court of Appeals, Third Circuit

Date published: Jan 13, 1964

Citations

326 F.2d 411 (3d Cir. 1964)

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