United States v. James Earl McCrae
Opinion
Opinion
Skopil, J.
McCrae appeals the denial of his motion to correct an illegal sentence, Fed.R.Crim.P. 35(a). He argues that his probation was improperly extended under 18 U.S.C. § 3653 . We affirm.
FACTS
On June 23, 1977 McCrae was sentenced to three years’ imprisonment for his conviction. The court ordered that McCrae serve weekends for three consecutive months, suspended the balance of the prison sentence, and placed him on probation for the remainder of the term. On November 15, 1978 McCrae’s probation was revoked for his conviction on state charges. The court affirmed the three-year prison sentence, but suspended all but 13 consecutive weekends. Defendant was again placed on probation for the remainder of the three-year period. McCrae satisfactorily served the 13 consecutive weekends in jail and obeyed the terms of his probation until August 1980.
On October 8, 1980 a warrant for McCrae’s arrest for probation violations and a show cause order were issued. On August 20,1982 a probation revocation hearing was held and judgment entered. The judge ordered that probation be revoked and executed the sentence previously imposed with credit given for 50 days previously served.