United States v. Bruce Robert Shampang

Shampang appeals from the district court’s revocation of his probation and imposition of a sentence of one year’s imprisonment on the grounds that he had possessed a controlled substance in violation of 18 U.S.C. § 3565 (a). Shampang contends that the district court erred in reading section 3565(a) to require mandatory revocation where the event triggering the revocation proceedings does not involve the use or possession of a controlled substance. Shampang also contends that the court’s reliance on distant violations for which his probation officer told him he would not be punished violated his due process rights. The district court had jurisdiction pursuant to 18 U.S.C. § 3565 (a). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Shampang pleaded guilty to selling parts of a bald eagle and taking a bald eagle with the intent to sell, in violation of 16 U.S.C. §§ 703 and 707. As applied to Shampang, the Sentencing Guidelines called for a sentence of zero to six months’ imprisonment. On November 13, 1990, the district court placed Shampang on probation for a term of three years, with conditions, including that he refrain from excessive use…