United States v. Etta Mae Hill

Appellant pled guilty to interstate transportation of a falsely-made security. Sentence was suspended and appellant was placed on probation for three years. While on probation, appellant pled nolo contendere to a state charge of criminal grand theft.

A probation revocation hearing was held where appellant and her counsel affirmed that she was prepared to admit the violation. Appellant complains that the District Judge did not explain her right to an evidentiary hearing, her privilege against self-incrimination, her right to confrontation and cross-examination nor the possible consequences of admitting the probation violation.

Appellant does not now contend that she did not plead nolo contendere to the state charge nor does she assert that there is any constitutional or other legal or factual basis for attacking the validity of the nolo contendere plea in state court.

The District Court found appellant in violation of the terms and conditions of probation, revoked probation and sentenced appellant to the custody of the Attorney General for five years.

The issue before us here is whether Rule 11 applies to probation revocation proceedings in this factual setting.

We…