United States v. Richard George Stephens

FACTS

Richard George Stephens claims the district court lacked jurisdiction to revoke his probation and sentence him to four years’ imprisonment. He appeals the denial of his motion to terminate probation contending that the district court’s original sentence and judgment and commitment were illegal.

In 1984, Stephens pled guilty to two counts of a five-count indictment. The indictment charged Stephens with perpetrating a $1.1 million scheme to defraud Numismatics, Ltd., a company engaged in the sale of rare coins and gold bullion.

The two counts to which Stephens pled guilty were Count 4, the interstate transportation of stolen property in violation of 18 U.S.C. § 2314 , and Count 5, failing to file a shipper’s export declaration in violation of 50 U.S.C.App. § 2410(a). On October 10, 1985, the district court sentenced Stephens to four years’ imprisonment on Count 5. On Count 4, the court sentenced Stephens to probation for five years following his release from incarceration on Count 5, on the condition that he make restitution to Numismatics, Ltd. and that he abide by the Central District of California rules for probationers.

In 1988, after his incarceration for Count 5…