Jack Brown v. United States

Good Law
236 F.2d 253·1956 U.S. App. LEXIS 2771
United States Court of Appeals for the Ninth CircuitAugust 29, 195614885_1California972 words

Opinion

Opinion

Orr, J.

After conviction on three counts of an indictment charging him with violations of 50 U.S.C.A.Appendix, § 633, appellant Brown was sentenced to one year’s imprisonment and a fine of $10,000 on count one. On counts two and three he was placed on five years probation subject to the condition that he pay the sum of $20,000 assessed against him as a fine. The order for probation reads in part, “such fine to be paid at such times and in such installments as the probation officer of this Court shall direct.” Appellant served one year’s imprisonment pursuant to the judgment on count one. He served an additional month and was released November 15, 1950, upon the filing of an affidavit that he was unable to pay the $10,000 fine.

In 1951 appellant made a payment of $1500 on the $20,000 fines levied on counts two and three. No further payments were made. On or about December 13, 1951, appellant made an application for termination of probation and remission of the $20,000 fine. The application was denied without prejudice to his filing a subsequent application for the same relief.

Over a period of four years appellant made no payment on the fine. On July 22, 1955, a petition for revocation…

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