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Mason v. United States

United States Court of Appeals, Ninth Circuit
May 28, 1962
303 F.2d 775 (9th Cir. 1962)

Opinion

No. 17697.

May 28, 1962.

Kate Whyner, Hollywood, Cal., for appellant.

Francis C. Whelan, U.S. Atty., Thomas R. Sheridan, Asst. U.S. Atty., Chief, Criminal Division, Russell R. Hermann, Asst. U.S. Atty., and Jo Ann Dunne, all of Los Angeles, Cal., for the appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and TAVARES, District Judge.


The orders appealed from are affirmed. The points of objection on the revocation of probation, we regard as of the type that they should be raised, if at all, by an appeal of the order revoking probation, not on collateral attack.

Apparently the district court wants us to rule flatly in this case, one way or the other, just what procedure is required on revocation of probation. This we decline to do. Certainly the safe practice is to see that the defendant is furnished counsel, if he does not have it, and to give an opportunity for allocution. Cf. Brown v. United States, 9 Cir., 236 F.2d 253.

Here the defendant goes elsewhere and commits almost the same crime as he committed before. The original court then takes the condition (probation) out of the sentence.


Summaries of

Mason v. United States

United States Court of Appeals, Ninth Circuit
May 28, 1962
303 F.2d 775 (9th Cir. 1962)
Case details for

Mason v. United States

Case Details

Full title:William Carlton MASON, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: May 28, 1962

Citations

303 F.2d 775 (9th Cir. 1962)

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