United States v. Adrian Garr Ecton

This is an appeal from an order revoking probation.

Appellant was charged in a two-count indictment with conspiracy to rob and robbing a federally insured bank. Both counts related to the Security American Bank, Waikiki Branch, and the date October 19, 1970. Appellant pleaded guilty to count one, and count two was dismissed pursuant to an agreement which had been reached by counsel. Appellant was fined $500.00, sentenced to two years’ imprisonment, and placed on probation for five years on the condition that he serve five months in a jail-type institution.

Prior to sentence, appellant was asked by a probation officer whether he had been involved in a robbery of another bank at another time, i. e., the Hawaii National Bank, Waikiki Branch, on September 25, 1970. Appellant, knowing that the interview was for the purpose of a presentence investigation report the contents of which would be given to the judge, denied any connection with the prior robbery.

The presentenee investigation report advised the court that the United States attorney had information from two individuals (unnamed in the report) that appellant had participated in the September 25th robbery. The presentence…