United States v. Maximo Diaz-Burgos

On April 7, 1975, appellant Diaz-Burgos pleaded guilty to an indictment of knowingly and illegally re-entering the United States after having previously been deported on May 13, 1975. He was sentenced by Judge Orrick of the Northern District of California to two years in prison with confinement for 60 days, the execution of the remainder of the sentence being suspended during which period he was placed on probation. While on probation he again illegally entered the United States and was arrested by United States Immigration and Naturalization Service officials on August 22,1978. Following a brief probation hearing, the trial judge revoked the probation of Diaz-Burgos and remanded him to the custody of the Attorney General to serve the full term of his previously suspended sentence, a period of one year and ten months. At this hearing the violation of probation by illegal entry into the United States became obvious, if not actually admitted by appellant’s counsel, whereupon the trial court refused to hear any testimony or witnesses on appellant’s behalf or to permit a full explanation by his attorney.

Appellant now appeals primarily upon the ground that the revocation violated his…