ELR Citation: ELR 20090
No(s). 71-2065 (2d Cir. Feb 1, 1972)

District court's denial of defendant's motion to suspend the remaining portion of a $25,000 fine imposed for violations of the Refuse Act is affirmed because once the defendant had commenced payment of the fine installments the district court no longer had authority to suspend sentence.

Counsel for Plaintiff
T. Gorman Reilly, Asst. U.S. Attorney
United States Courthouse
New York, NY 10007

Counsel for Defendant
David Berg
Robert F. Little, Berg, Mezansky & Dorf
350 5th Avenue
New York NY

Before: Friendly, Chief Judge, Morre and Oakes, Circuit Judges.