Potter Stewart

“ An appeal may not be taken until after the pronouncement of sentence, and must be taken promptly after sentence is imposed.
But under the provisions of 18 U.S.C. § 4208 (b) the trial judge sentences a convicted defendant not once, but twice. The judge first imposes a sentence of imprisonment 'deemed to be' the maximum prescribed by the law, and then, after the defendant has been imprisoned for three or six months, the judge fixes a new sentence which may be quite different from the one originally imposed. ”

“ Indeed, the imposition of such a mandatory three- or six-month term of imprisonment before the defendant could file an appeal might raise constitutional problems of significant proportions.
But we need not consider such problems, because a § 4208 (b) commitment is clearly not lacking in sufficient 'finality' to support an immediate appeal, and there is nothing to indicate that Congress intended that the right of appeal be mandatorily suspended in cases where the provisions of § 4208 (b) are utilized. ”

“ More than three months later, after considering the report which the Bureau of Prisons had submitted in accordance with § 4208 (b) , the trial judge, in a proceeding at which the petitioner and his counsel were present, entered an order suspending imposition of sentence and placing the petitioner on rpobation for two years. ”