UNITED STATES v. FRANCISCHINE

No. 74-3495.

512 F.2d 827 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Frank David FRANCISCHINE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 30, 1975.


Attorney(s) appearing for the Case

J. V. Eskenazi, Federal Public Defender (Court appointed not under Act), Charlene H. Sorrentino, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., J. B. Ullman, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before GOLDBERG and RONEY, Circuit Judges, and GROOMS, District Judge.


Rehearing and Rehearing En Banc Denied June 30, 1975.

RONEY, Circuit Judge:

As a defense to the threatened revocation of his probation, federal prisoner Francischine asserts that his underlying conviction is invalid and therefore the district court does not have jurisdiction to revoke the probation, terms of which he admittedly violated. In affirming the district court's revocation of probation, we hold that the underlying validity of a conviction cannot be...

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