From Casetext: Smarter Legal Research

United States v. Sutton

United States Court of Appeals, Fifth Circuit
Feb 2, 1970
421 F.2d 1394 (5th Cir. 1970)

Opinion

No. 28177 Summary Calendar.

February 2, 1970.

Howard R. Pigford, Meridian, Miss. (Court-appointed) for defendant-appellant.

Robert E. Hauberg, U.S. Atty., E. Donald Strange, Asst. U.S. Atty., Jackson, Miss., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and MORGAN and CLARK, Circuit Judges.


Ironically, with the ink scarcely dry on our opinion affirming co-defendants' convictions for the underlying moonshine offenses, United States v. Campbell, 5 Cir., 1969, 419 F.2d 1144 [Dec. 2, 1969], this appeal on judicial screening falls by random assignment to almost the same panel challenging the revocation of probation based upon the illegal Sunday sale of liquor in Alabama just 15 days after the 2-month jail sentence expired.

Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Co., 5 Cir., 1969, 417 F.2d 526, Part I [Oct. 7, 1969].

After an evidential hearing the Court found that the occurrence took place and that it did not constitute entrapment. A revocation proceeding is not the trial of a criminal case, Manning v. United States, 5 Cir., 1947, 161 F.2d 827, cert. denied, 332 U.S. 792, 68 S.Ct. 102, 92 L.Ed. 374; Broadus v. United States, 5 Cir., 1963, 317 F.2d 212, cert. denied, 375 U.S. 829, 84 S.Ct. 74, 11 L. Ed.2d 61. The fact findings are fully supportable. That is the end of it.

Affirmed.


Summaries of

United States v. Sutton

United States Court of Appeals, Fifth Circuit
Feb 2, 1970
421 F.2d 1394 (5th Cir. 1970)
Case details for

United States v. Sutton

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Jessie Spence SUTTON…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 2, 1970

Citations

421 F.2d 1394 (5th Cir. 1970)

Citing Cases

U.S. v. Welch

The appellant's guilt of the offense charged need not be proved beyond a reasonable doubt before probation…

United States v. Allen

And when it developes that the Judge's confidence has been misplaced, prompt steps may be taken to protect…