United States v. Samuel William Donaghe

Appellant appeals the revocation of his probation and the district court’s order that the Bureau of Prisons conduct a mental and physical evaluation of appellant pursuant to 18 U.S.C. § 3552 (b). We affirm.

I.FACTS

In November of 1988 appellant was convicted in Northern California of attempting to obtain a passport in a false name, in violation of 18 U.S.C. § 1542 . He was placed on probation for three years. His probation order imposed the following special conditions:

In the following year, appellant’s probation supervision was transferred from California to the Western District of Washington in Tacoma. On February 13, 1990, in a search of appellant’s home, his probation officer found evidence that appellant was engaged in a business bringing foreign exchange students, most of whom were minors, to the United States. A weapon was also found by another probation officer in appellant’s home.

On February 14, 1990, the government filed a petition to show cause why Do-naghe’s probation should not be revoked. On February 23, 1990, appellant waived the probable cause hearing and his counsel moved to withdraw from the case. The motion was granted and the court appointed new counsel…