BANKS v. UNITED STATES

No. 79-5099.

614 F.2d 95 (1980)

Cynthia M. BANKS, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 30, 1980.


Attorney(s) appearing for the Case

Larry L. Saunders, Louisville, Ky. (Court-appointed), for defendant-appellant.

Albert Jones, U. S. Atty., Hancy Jones, III, Louisville, Ky., for plaintiff-appellee.

Before KEITH and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.


DAMON J. KEITH, Circuit Judge.

The question presented by this case is whether a federal district judge may delegate the task of conducting a probation revocation hearing to a United States Magistrate. We hold that the judge may not.

FACTS

The facts are simple and undisputed. Cynthia M. Banks pleaded guilty in October of 1977 to possession of stolen mail matter. The district court sentenced her to 30 days in jail and two years probation. As a special...

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