◆ SpookStack

Meno for Mr. Tans = 8 February 85, 1956. “Trad ves released fron the Yedere) penitentiary to whieh - o- he ad heen Gonfine’ on Novenber 8, 1955 and ks reperte4 te the lt. U. 5. Probation Cfficer for the Southern District of Hew York © on : November 18, 1955. On November 15, 1955 he signed the terns of his ~~ probation end advised the robation Officer that hie counsel was 2 making an application to have bin disesharged from probation eupere vision before the sentencing Judge. it wili be noted that Judge Robert A. Inch fe the 7eteral District Judge in the Exstera District ef Hew York. On Desember 16, 1935 Judge Robert As Inch, eitting in the Rastern District of New York, heard the probationer’s application to be released from probation supervision and entered an order Fre- woking the probation ané disgharging Frad from further supervision. Subsequentiy, and less than @ year after the entry of thet order, with tnntant win instant violatios. —. ee ee = mee a & a fre€ was apprehended is sonnsst ion The U. B. Attorney for the Southers Distries of Mew York then moved io the U. & District Court for the Jouthern Dietriet of New York to sentence frad on Indictments tos. CS6-120 and C&0-944, under skioh the imposition of sentence had originally been sus- pended. fFrad petitioned for « srit of haboas corpus and the peti- oo tion for the writ and the motion to sentence were heard together on . Decenber #1, 1956. Thereafter, teo oréars were filed ia that Court; _ ene aranting the writ ef habeas eorpue and diazissing the petitioner _ from the eustcdy of the Karshal and the ether denying the motion te , sentence ‘Weaé under the ebove-nentioned indictneats. ; The Ooverment teak an appeal from the ruling ef ‘the Court ané the Ciroult Court af Appeals reversed both orders aad remanded the ease for conaideration of the revocation of probation. Fred made application to the J. 8. Supreme Court for a writ of certicreri, which eae granted and on Ceseuber 7, 1957 the U. 8. Supreme Court afe firmed the ruling ef the Cirowlt Court ef appeale. fhe Supreme Court held thet the trial Court bed the pewer to suspend the imposition of sentence relative to Indietnent Ne. CPG-120 and plese the defendant on probation effective upon comple~. . tion of the sertiee of eentence imposed in eonnection with Indiate ee ment Ho. CV6-116, ‘the Court further held that the defendant ws a uader the supervision of the U. S District Court of the fouthera we