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NICHOLAS v. UNITED STATES

No. 75-2411.

527 F.2d 1160 (1976)

Wallace Bryce NICHOLAS, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

January 9, 1976.

Attorney(s) appearing for the Case

John K. Van De Kamp, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, HUFSTEDLER and WRIGHT, Circuit Judges.

OPINION

HUFSTEDLER, Circuit Judge:

The district court held that it had no jurisdiction to grant probation to Nicholas because (1) the five-year probationary period prescribed by 18 U.S.C. § 3651 was not tolled during Nicholas' voluntary absence from the jurisdiction and, accordingly, the term had expired before his probation revocation hearing, and (2) under 18 U.S.C. § 3653, the court was powerless to release Nicholas on probation after it had...

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