Berman v. United States, 302 U.S. 211 (1937)

Berman v. United States

No. 26

Argued November 9, 1937
Decided December 6, 1937
302 U.S. 211

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. The sentence in a criminal case is the final judgment. P. 212.

2. A sentence remains the final judgment, and is appealable notwithstanding a suspension of execution. P. 212.

In criminal cases, as well as civil, the judgment is final for the purpose of appeal when it terminate the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined.

3. The finality of a sentence and the right to appeal from it are not affected by placing the convict on probation. P. 213.

4. During the pendency of an appeal from a sentence, the District Court is without jurisdiction to modify its judgment by resentencing the prisoner. P. 214.

88 F.2d 645 reversed.

Certiorari, 301 U.S. 675, to review a judgment dismissing an appeal from a criminal sentence and affirming a later one imposed after the appeal was taken.