# United States v. Bazzano

> Court of Appeals for the Third Circuit · June 17, 1983 · 712 F.2d 826

URL: https://www.frixlaw.com/law-library/cases/8917373

## Case

- **Full name:** United States v. John BAZZANO, Jr. a/k/a "Johnny", a/k/a "J", Joseph De Marco a/k/a "Joe", Joseph Charles Yimin a/k/a "Bull", Charles Patrick Kellington a/k/a "Chuck", Francis Dattalo a/k/a "Frank", a/k/a "Hob", Attilio Policastro a/k/a "Flat Top", Primo Victor Mollica a/k/a "XG", John Franklin Matz a/k/a "Jack", a/k/a "Mayor", David Rankin Guffey a/k/a "Chief", a/k/a "Clairton Chief", John Regis Ward a/k/a "JP", a/k/a "Ward", Peter Paul Orsini a/k/a "Pete", a/k/a "Pete Orsi", Dominic Paul Serapiglia a/k/a "Wilson Constable", Thomas C. Poljak a/k/a "Eliz Chief", George B. Hines a/k/a "Eliz Constable". Appeal of Primo Mollica
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** June 17, 1983
- **Citations:** 712 F.2d 826
- **Precedential status:** Published
- **Opinion:** On rehearing by Weis
- **Judges:** Adams, Affirmance, Aldi, Aldisert, Becker, Garth, Gibbons, Higginbotham, Hunter, III, Opinions, Seitz, Sert, Sloviter, Sur, Weis
- **Cited by:** 71 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8917373

## How later opinions describe it (automated extraction)

- holding that 18 U.S.C. § 3653 , by providing that probation revocation hearings would occur “[a]s speedily as possible after arrest,” impliedly allowed for hearings outside of the statute’s five-year period
- holding that where hearing on probation violation held during term of probation, District Court properly revoked term of probation after the term expired
- holding that the court could revoke probation after termination of the revocation period if formal revocation proceedings were commenced
- noting that the "differing grounds on which these various votes for remand are rested cannot be reconciled so as to yield a majority vote for a remand with consistent instructions to the district court”
- stating that Workman “greatly overstates” the deterrent effect of the rule

## Opinion text

WEIS, Circuit Judge,
Statement Sur Petition for Rehearing:
Although I continue to believe that Mr. Mollica was entitled to use immunity had he chosen to testify, his willingness to forego that protection has brought about a significant change in the posture of this case. In view of the present circumstances, I vote for rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8917373. Public record. Not legal advice.