Burns v. United States, 287 U.S. 216 (1932)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 287 U.S. 206, click here.

Burns v. United States

No. 378

Argued November 15, 1932
Decided December 5, 1932
287 U.S. 216

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Defendant, while serving a prison sentence under one count of an indictment and while at the same time on probation as to an independent sentence imposed under another count, was guilty of repeated abuses of a liberty to leave the jail, granted to him for a particular purpose. Upon a summary hearing before the District Judge, the facts of these abuses were proved by witnesses and admitted by the defendant. The order of probation bore the express condition that the probationer should refrain from violations of law "and in all respects conduct himself as a la-abiding citizen." Held, construing the Federal Probation Act:

1. Revocation of the probation need not be preceded by specific charges and a formal hearing thereon. P. 219.

2. A condition of the probation necessarily implied was that the probationer should not be guilty of conduct inconsistent with obedience to his prison sentence. P. 222.

3. Whether there should be a revocation was a matter within the discretion of the District Judge. P. 223.

4. Revocation of the probation was not an abuse of discretion. P. 224.

59 F.2d 721 affirmed.

Certiorari to review the affirmance of an order revoking probation.