United States v. Dwight Conrad Jurgens

Good Law
626 F.2d 142·1980 U.S. App. LEXIS 14606
United States Court of Appeals for the Ninth CircuitAugust 25, 198079-1400California1,349 words

Opinion

Opinion

Alarcon, J.

This is an appeal from a judgment revoking appellant’s probation.

On February 8, 1979, appellant entered a plea of guilty to Count IV of an indictment charging him with possession of a United States Treasury check taken from mail delivered to the residence club where he was employed. He was ordered to return to court for sentencing on March 8, 1979. On that date, appellant’s counsel advised the court that appellant was well regarded at the residence club where the check was stolen and that his present employer, Mr. James Bartsch, with full knowledge of his criminal conduct, wished to retain him as a valued employee and hoped he would be granted probation.

Appellant told the court that he was at a loss to know why, on this occasion as in the past, he violated the trust of friends who had confidence in him.

The court then committed appellant to the custody of the Attorney General for imprisonment for a period of five years. Pursuant to 18 U.S.C. Section 3651 , the court ordered that appellant be confined for six months, and suspended the remainder of the sentence on condition that he serve a period of four years, “. . . probation to commence upon completion of his term of…

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