UNITED STATES v. CURRY

No. 84-2065.

767 F.2d 328 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Ora CURRY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 3, 1985.


Attorney(s) appearing for the Case

Michael S. O'Connell, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Barry A. Spevack, Monico & Pavich, Chicago, Ill., for defendant-appellant.

Before WOOD and COFFEY, Circuit Judges, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

This case presents the question of whether a federal judge may delegate the conduct of a probation revocation hearing to a magistrate. We hold that he may not. Since appellant received a hearing before a magistrate but did not receive a hearing before a federal judge, we reverse the revocation of his probation and remand for the conduct of a hearing by the district judge.

I.

Because we reverse on procedural grounds...

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