SWAN, Circuit Judge (after stating the facts as above).
The legality of the order of June 7, 1926, granting Kaplan probation, is not questioned, nor could it be. As he had not begun to serve his sentence, the District Court had jurisdiction under the express terms of section 1 of the Probation Act of March 4, 1925 (18 USCA § 724), "to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms...
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