United States v. Wallace S. Furukawa

On September 27, 1976, appellant Furu-kawa pleaded guilty to charges of illegal gambling. He was sentenced to a three-year prison term of which he was to serve six months. He was thereafter placed on probation for five years. Three of the conditions of his probation were as follows: (1) “You shall associate only with law-abiding persons and maintain reasonable hours” (condition 2), (2) “You shall follow the probation officer’s instructions” (condition 6), and (3) “You [shall] not associate with any known gamblers including but not limited to any person found guilty or pleading guilty in [the case in which Furukawa pleaded guilty and a related case]” (the special condition).

On May 12, 1978, Furukawa’s probation officer petitioned for revocation of probation on the ground that Furukawa had violated one or more of the above mentioned conditions on seven different occasions. The district court held a revocation hearing and determined that the evidence established five of the seven charged violations beyond a reasonable doubt. Noting its particular concern with Furukawa’s violation of the instructions of his probation officer, the court revoked probation and ordered that Furukawa…