United States v. Clyde Jules Rilliet

Rilliet appeals from the order revoking his probation. He asserts that the district court erred because it was unforeseeable that his possession of a handgun was a violation of the terms of his probation and because there was insufficient evidence that he possessed cocaine. He also contends that it was error for the court to proceed with his revocation proceeding while state charges were pending pertaining to the same subject matter. None of these contentions requires reversal.

In April 1978, Rilliet was convicted of possession of cocaine with intent to distribute pursuant to 21 U.S.C. § 841 (a)(1). He was given a suspended sentence and was placed on probation for five years. In July 1978, Probation Officer Lawhead went to Rilliet’s jewelry shop and saw there a pistol hanging on a nail. When Lawhead inquired about the gun, Rilliet attempted to unload it and then told Lawhead that he was performing some engraving work on its handle for a customer named Lattner. Lawhead took the loaded gun and contacted Lattner, who denied owning it.

Lawhead thereafter informed local police that Rilliet had been in possession of a firearm, and in July 1978 the police arrested Rilliet for violation…