237 F2d 57 United States v. Dioguardi

237 F.2d 57

UNITED STATES of America, Appellee,


John DIOGUARDI, Defendant-Appellant.

Docket 24318.

United States Court of Appeals Second Circuit.

Argued Sept. 25, 1956.

Decided Sept. 27, 1956.

Noah L. Braunstein, New York City, for defendant-appellant.

Thomas B. Gilchrist, Jr., Chief Asst. U.S. Atty., S.D.N.Y., New York City (Paul W. Williams, U.S. Atty., and Arthur H. Christy, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.



On the basis of the showing before us and having in mind the circumstances stated in F.R.Cr.P. 46(c), 18 U.S.C., as determining the amount of bail which 'will insure the presence of the defendant,' we do not feel justified at this time in interfering with the discretion exercised by the district judges in refusing to reduce the bail for defendant pending trial heretofore fixed, particularly in view of the prospect of speedy trial, now set for October 15, 1956. The orders refusing to reduce the bail are therefore affirmed.