UNITED STATES v. HAMILTON

No. 81-1430X.

708 F.2d 1412 (1983)

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

United States Court of Appeals, Ninth Circuit.

Decided June 21, 1983.


Attorney(s) appearing for the Case

William Landers, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Gregory Parkin, Costa Mesa, Cal., for defendant-appellant.

Before KENNEDY, POOLE, and REINHARDT, Circuit Judges.


KENNEDY, Circuit Judge:

Appellant, Fred Anthony Hamilton, appeals from an order of the district court revoking his probation and reinstating his suspended five year sentence. We vacate the order and instruct the district court to reimpose the unfinished portion of Hamilton's probation including the twenty-two days of confinement he has yet to serve.

On September 21, 1976, Hamilton pleaded guilty to a charge of conspiracy to possess and sell checks stolen from...

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