United States v. William Bartholdi

Appellant, incarcerated for conviction of violation of 18 U.S.C. § 2312 (Dyer Act), escaped from federal custody. On January 22, 1968, following a plea of guilty to the charge of escape, imposi tion of sentence was suspended and appellant was placed on probation for a period of two years to commence upon his release from federal custody after completion of the Dyer Act sentence. Appellant was released from federal custody on September 17, 1968, and his period of probation then commenced to run with an expiration date of September 17, 1970.

In 1969, well within the period of probation, appellant was convicted in state court of a felony, a probation violation detainer was placed with state authorities, a bench warrant was issued but not executed and no order to show cause was issued. After repeated requests by appellant for a hearing on the petition for revocation, the bench warrant was executed and he was afforded such a hearing on January 25, 1971, and on February 1, 1971. Probation was revoked and appellant was sentenced to serve four months consecutive to the state sentence then being served.

Appellant contends, first, that the court had no jurisdiction to revoke his probation…