William Higdon v. United States

This is an appeal from the denial of a motion brought under 28 U.S.C. § 2255 (1976). In his motion appellant Higdon attacked an order entered by the district court revoking his probation for violation of conditions of probation. Because the basis for his challenge is the contention that the imposition of certain of the conditions violated the eighth amendment to the United States Constitution and the Federal Probation Act, 18 U.S.C. § 3651 et seq. (1976), and that a revocation based on their violation was therefore void, we treat the motion as an attack on the sentence. We find that the conditions imposed violated the Federal Probation Act, and reverse and remand for further proceedings.

I. FACTS

Former U.S. Army Master Sergeant William Higdon operated several large servicemen’s clubs in Vietnam. He and his cohorts devised an elaborate overpayment and kickback scheme that defrauded the government of several hundred thousand dollars. Higdon was also the “money man” for the operation, depositing over $300,000 into a Swiss bank account over a fourteen month period.

In 1971, the scheme was uncovered and Higdon was courtmartialed, found guilty, and sentenced to dishonorable…