Citation Codes Equivalent Citations citation codes Docket Number No. 19526. Attorney(S) Thomas M. Maher, Hackensack, N.J., for appellant. William Maurice Treadwell, Asst. U.S. Atty., Newark N.J. (Frederick B. Lacey, U.S. Atty., Newark, N.J., Stephen E. King, Asst. U.S. Atty., on the brief), for appellee. Judges William Henry Hastie Arlin Marvin Adams John Joseph Gibbons Acts Crimes And Criminal Procedure — Robbery And Burglary — Crimes — Bank Robbery And Incidental Crimes See more information ... Smart Summary Please sign up to generate summary. OPINION UNITED STATES of America v. Clifford Charles SEIB, Jr., Appellant. OPINION OF THE COURT PER CURIAM: Prior to the 1966 amendment to 18 U.S.C. § 3568 the appellant was sentenced, following a guilty plea, to seven years imprisonment for violation of 18 U.S.C. § 2113(b). The maximum sentence for that offense is ten years. On September 18, 1970 he moved before the sentencing judge pursuant to Rule 35, Fed.R.Crim.P. for reduction or correction of his sentence to reflect credit for 74 days spent in custody prior to the imposition of sentence. That motion was denied and this appeal followed. The precise situation has heretofore been presented in Amato v. United States, 374 F.2d 36 (3 Cir. 1967), which held that denial of a motion to reduce a pre-1966 sentence of less than the maximum by crediting time in pre-sentence custody was not error. Accord, United States v. Whitfield, 411 F.2d 545 (8 Cir. 1969); Schreter v. United States, 265 F. Supp. 369 (D.N.J. 1967). Contra, United States v. Smith, 379 F.2d 628 (7 Cir. 1967). Cf. Sobell v. United States, 407 F.2d 180 (2 Cir. 1969); Lee v. United States, 400 F.2d 185 (9 Cir. 1968); United States v. Jones, 393 F.2d 728 (6 Cir. 1968); Bryans v. Blackwell, 387 F.2d 764 (5 Cir. 1967); Dunn v. United States, 376 F.2d 191 (4 Cir. 1967); Stapf v. United States, 125 U.S.App.D.C. 100, 367 F.2d 326 (1966). The order of the district court will be affirmed.