United States v. George H. Lustig

On May 3,1974 Lustig pleaded guilty to a charge of smuggling marijuana in violation of 18 U.S.C. § 545 (hereinafter the marijuana conviction). He was fined $10,000 and sentenced to a five-year prison term. The prison term was suspended, and Lustig was placed on probation subject to normal conditions, including the requirement that he not violate any law and that he not leave the state.

In 1976 Lustig was convicted on four separate counts of conspiring to distribute a controlled substance, distribution of cocaine, possession of cocaine, with intent to distribute and simple possession of cocaine. He was sentenced to a total of nine years’ imprisonment. Thereafter, the district court revoked Lustig’s probation and reinstated the original five-year sentence for the marijuana conviction. In its judgment pronouncing sentence, the court expressly provided that the five-year sentence was to be consecutive to the intervening nine-year sentence on the cocaine conviction. Lustig appeals from the district court’s orders revoking probation and reimposition of sentence on the marijuana conviction. We affirm.

Lustig first contends that the evidence was insufficient to support revocation of his…