holding that 18 U.S.C. § 3653 , by providing that probation revocation hearings would occur “[a]s speedily as possible after arrest,” impliedly allowed for hearings outside of the statute’s five-year period
How later courts described this case
- holding that 18 U.S.C. § 3653 , by providing that probation revocation hearings would occur “[a]s speedily as possible after arrest,” impliedly allowed for hearings outside of the statute’s five-year period
- holding that where hearing on probation violation held during term of probation, District Court properly revoked term of probation after the term expired
- holding that the court could revoke probation after termination of the revocation period if formal revocation proceedings were commenced
- noting that the "differing grounds on which these various votes for remand are rested cannot be reconciled so as to yield a majority vote for a remand with consistent instructions to the district court”
Written by the judges who cited it.
The opinion
WEIS, Circuit Judge,
Statement Sur Petition for Rehearing:
Although I continue to believe that Mr. Mollica was entitled to use immunity had he chosen to testify, his willingness to forego that protection has brought about a significant change in the posture of this case. In view of the present circumstances, I vote for rehearing.