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U.S. v. HAILE

No. 85-1674.

795 F.2d 489 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Herbert Q. HAILE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 1986.

Attorney(s) appearing for the Case

Steve MacIsaac, John J. Powers, III, Washington, D.C., for plaintiff-appellant.

Frank Maloney, David Botsford, Austin, Tex., for defendant-appellee.

Before JERRE S. WILLIAMS, E. GRADY JOLLY and PATRICK E. HIGGINBOTHAM, Circuit Judges.

OPINION

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked to decide whether a district court may offer to use Fed.R.Crim.P. 35 to reduce a fine that has been imposed as a criminal penalty if the defendant chooses to contribute part of the fine to an approved charity. Concluding that an order making such an offer is a transparent device for imposing a condition upon a monetary fine contrary to the Probation Act. 18 U.S.C. §§ 3651-3656, we vacate...

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