United States v. John Andrew Dane

In United States v. Dane, 570 F.2d 840 (9th Cir. 1977) this court affirmed the Order of the District Court for the District of Arizona, which revoked appellant’s probation. Dane was charged with violating a special condition of his probation that he “not trade, possess, or carry weapons, firearms or explosives”. At h:is revocation hearing, the sentencing judge found that Dane had violated this condition by handling weapons in Mexico, by having his personal weapons shipped to him from the United States, and by engaging in armed instruction in Rhodesia and handling arms there. On July 22, 1977, thirteen months after the revocation of probation, appellant filed in the sentencing court, a Motion to Vacate Prior Probation Revocation Order and to Reinstate Defendant’s Probation, or in the alternative to Grant a New Probation Revocation Hearing Based on Newly Discovered Evidence. After hearing testimony, the district court denied the motion. It is this order the appellant here appeals. We affirm.

In U. S. v. Dane, 570 F.2d 840 (9th Cir. 1977), this court held that Dane did receive “fair warning” that the continuation of his life as a mercenary soldier would lead to the revocation of…