United States v. William Delano Espindola

Appellant seeks to overturn an order revoking his probation on the ground that inasmuch as his probationary period had expired, the district court had no jurisdiction to entertain a petition to revoke it. The government insists the period had not expired and that, as a consequence, the district court did not lack jurisdiction. We agree with the government and affirm the judgment.

The issue is whether under the facts of this case appellant’s probation period of five years expired on August 4,1980. Appellant argues that it did and that an effort to revoke that probation commenced on August 6, 1980 comes too late. The facts are simple. On August 4, 1975, appellant was sentenced to one year of imprisonment on condition that he serve two months and remain on probation for five years. The court ordered the period of “probation to commence upon release from confinement” (CT 8). At appellant’s request, confinement was stayed for a period of two weeks. On August 18, 1975, appellant was confined. On September 22,1975 appellant’s sentence was modified to reduce his period of confinement to 35 days, the amount of time already served, and appellant was released from confinement.

Appellant…