United States v. Leobardo Olmos-Esparza

Olmos-Esparza, the appellant, appeals from the District Court judgment revoking his probation. For the reasons outlined below, the judgment must be affirmed.

On September 25, 1972, appellant pleaded guilty to one count of conspiracy to smuggle and transport aliens, a violation of 18 U.S.C. § 371 . On October 24, 1972, he was committed to the custody of the Attorney General for four years. Pursuant to 18 U.S.C. § 3651 , appellant was ordered confined in a jail-type institution for four months. The execution of the remainder of the sentence was suspended, and the appellant was placed on probation for four years.

Acting upon a petition filed by a United States Probation Officer that alleged various violations of probation, the District Court issued an Order on March 12, 1976, well within the period of probation, directing the United States Marshal to return appellant before the court to show cause why his, the appellant’s, probation should not be revoked. Appellant at this time was in state custody. On June 17, 1976, appellant was convicted in the California Superi- or Court for the illegal possession of a controlled substance for sale. He was committed to state prison for the term…