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UNITED STATES v. SCIUTO

No. 75-1957.

531 F.2d 842 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony SCIUTO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 19, 1976.

Attorney(s) appearing for the Case

John A. Slevin, Peoria, Ill., Paul Marcus, Champaign, Ill., for defendant-appellant.

Donald B. Mackay, U. S. Atty., Springfield, Ill., Robert J. Kauffman, Asst. U. S. Atty., Peoria, Ill., Mitchell B. Dubick, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before SPRECHER and TONE, Circuit Judges, and PERRY, Senior District Judge.

TONE, Circuit Judge.

In this appeal from an order revoking probation, we hold that the probationer's motion for disqualification of the district judge should have been granted. We also hold that when a probationer is not in custody pending the hearing on revocation Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), does not require a preliminary hearing. We reverse...

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