UNITED STATES of America, Respondent-Appellee, v. Carmine GALENTE, Petitioner-Appellant.
No. 26960.
United States Court of Appeals Second Circuit.
Motion Argued May 23, 1961.
Decided June 1, 1961.
Clark, Circuit Judge, dissented.
See, also, 288 F.2d 442.
Thomas A. Wadden, Jr., Washington, D. C. (Albert J. Krieger, New York City, of counsel), for petitioner.
William M. Tendy, Asst. U. S. Atty., S. D. N. Y., New York City (Robert M. Morgenthau, U. S. Atty., S. D. N. Y., New York City, on the brief), for respondent.
Before CLARK, HINCKS, and WATERMAN, Circuit Judges.
PER CURIAM.
On May 15, 1961 Hon. Richard H. Levet, a Judge of the United States District Court for the Southern District of New York, sentenced petitioner, Carmine Galente, to imprisonment for a contempt of court committed in court in the presence of the sentencing judge on an earlier day during a trial in which Galente was one of several defendants. The sentence was for a period of twenty days, the imprisonment to begin forthwith.
On that day Galente applied to Judge Levet for bail pending an appeal to the Court of Appeals. This application was denied. On May 18 a notice of appeal was filed and on that day petitioner executed a petition to us for such bail.
The motion came on for hearing on May 23 and was fully argued upon supporting and opposing affidavits. From these affidavits it is clear that the appeal is frivolous. See Fed.Rules Crim.Proc. Rule 46(a) (2) and United States v. Brown, 2 Cir., 247 F.2d 332, affirmed 359 U.S. 41, 79 S.Ct. 539, 3 L.Ed.2d 609. The motion for bail is denied.