United States v. Donald A. Hill

Hill appeals from the denial of a motion to correct an illegal sentence under Federal Rule of Criminal Procedure 35(a). In 1981, the district court found that Hill had violated his probation in 1974, and ordered a new prison term and modified conditions of probation. We hold that the district court lacked jurisdiction to take these actions because of an extended and unjustified delay between the issuance of the arrest warrant for the probation violation and its execution. We reverse the denial of the motion to correct an illegal sentence and vacate the order of prison and probation.

I. FACTS AND PROCEDURAL BACKGROUND

On October 22, 1974, Hill pled guilty to a charge of false personation in violation of 18 U.S.C. § 914 (1976). The court sentenced Hill to the custody of the Attorney General for three years with all but twenty days of the sentence suspended. Hill was ordered to serve the twenty days on consecutive weekends and was placed on probation for three years.

Hill began serving the weekend sentence on November 2, 1974. On November 24, 1974, after arriving late at the jail, Hill was not permitted to serve his weekend sentence. On January 23, 1975, the probation officer…