Roberts v. United States, 320 U.S. 264 (1943)

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Roberts v. United States


No.19
Argued October 15, 18, 1913
Decided November 22, 1943
320 U.S. 264

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

A federal District Court, having by a valid judgment sentenced a defendant to a term of imprisonment (less than the maximum) and ordered suspension of execution of the sentence and release of the defendant on probation, is without authority thereafter on revocation of probation to set aside that sentence and increase the term of imprisonment. Construing Probation Act, §§ 1, 2. Pp. 266, 272.

131 F.2d 392 reversed.

Certiorari, 318 U.S. 73, to review the affirmance of a judgment revoking probation and resentencing a defendant in a criminal case.