Court of Appeals for the Second Circuit November 15, 1978, 1222, Docket 78-2058 (John Dioguardi v. United States)

VAN GRAAFEILAND, Circuit Judge:

This appeal presents a question left unanswered in

United States v. Slutsky,

514 F.2d 1222, 1228 (2d Cir. 1975), namely, whether the United States Parole Commission’s decision to grant or deny parole is part of the trial court’s sentencing process. The answer to this question will determine whether the court that sentenced appellant erred in denying his 28 U.S.C.