UNITED STATES of America, Plaintiff-Appellee, v. William Kenneth STOCKS, Defendant-Appellant

William Kenneth Stocks appeals the revocation of his probation and imposition of a new sentence by the district court. At the heart of his appeal is the validity of his waiver, without the benefit of counsel, of a hearing on the modification of probation that preceded the violation which led to the revocation of the probation. No precise precedent exists. Common sense and fairness must guide us. We affirm the judgment of the district court.

PROCEEDINGS

In July 1992, Stocks pleaded guilty to unlawfully possessing an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861 (d). The district court placed him on probation for two years, subject to the special conditions that he be confined in a community corrections center for six months and enrolled in a drug treatment program. The district court assigned U.S. Probation Officer Rudolph Guiee, Jr. to serve as Stocks’ probation officer.

After Stocks failed to satisfy the requirements of his drug treatment program, Probation Officer Guiee approached Stocks about returning to the community corrections center for more treatment. Stocks agreed to waive his Rule 32.1(b) rights to a hearing and counsel and agreed to the proposed…