United States v. John Law Freeman

John L. Freeman appeals from a court order revoking his probation and sentencing him to one year in prison. Freeman alleges (1) that the order was invalid under 18 U.S.C. § 3651 because it was issued five years and seven months after the commencement of his probation. Freeman also claims (2) that, under 18 U.S.C. § 3568 , he is entitled to credit for “probation” served, pending trial and appeal, under the supervision of pretrial services. Because neither of Freeman’s contentions has merit, we AFFIRM the lower court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

On February 18, 1983, a jury unanimously convicted Freeman on 14 counts of aiding and abetting the filing of false federal income tax returns. It was Freeman’s practice to travel throughout Oregon conducting tax seminars at which he would show the audience how to falsely declare their taxable wages as nontaxable receipts. In return for this service, he would charge each person $100.00. For an additional $200.00, he would promise to represent them if the Internal Revenue Service should challenge their returns.

On April 4, 1983, the district court sentenced Freeman to three years in prison on counts 1-7, sentences to run…