UNITED STATES v. SHEAD

No. 77-1100.

568 F.2d 678 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Sorel SHEAD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 3, 1978.


Attorney(s) appearing for the Case

H. V. Ellwood, Denver, Colo., for defendant-appellant.

Donald M. Hoerl, Asst. U. S. Atty., Denver, Colo. (Joseph F. Dolan, U. S. Atty., Denver, Colo., on the brief), for plaintiff-appellee.

Before HOLLOWAY and DOYLE, Circuit Judges, and ROGERS, District Judge.


HOLLOWAY, Circuit Judge.

The issue before us is whether there was a violation of equal protection principles inherent in Fifth Amendment Due Process by the refusal of the district court to give credit to defendant Shead for time he had been on probation when his probation was revoked pursuant to 18 U.S.C. § 3653 (1970) and he was ordered to serve two years imprisonment, although credit to a parolee for time while on parole before revocation would be required...

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