Legal Opinion
United States v. Burnette
District Court, M.D. Alabama
Decided October 14, 1997No. CR. 91-8-N, 91-12-NPublishedCited by 5 opinions
1Opinion of the Court
ORDER
MYRON H. THOMPSON, Chief Judge.
In motions to dismiss filed in these two criminal cases, defendant William R. Burnette challenges the procedure of this court that allows a probation officer to file a “petition” for initiation of revocation proceedings and issuance of an arrest warrant or a summons based on a defendant’s alleged violation of a condition of supervised release. 1 The probation officer, according to Burnette, should be allowed to file only a “report” of the alleged violation, and not to recommend or suggest what course of action the court should take based on the alleged…
2Cases cited8 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- Myers v. United StatesSupreme Court of the United States · 1926
- In Re United States of America, United States of America v. Ray Cowan and Jack Jacobsen, Wayne O. Woodruff, Special ProsecutorsCourt of Appeals for the Fifth Circuit · 1975
- United States v. Michael Francis Johnson, United States of America v. Ricardo Bernard SmithCourt of Appeals for the Fourth Circuit · 1991
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3Cited by5 opinions
- United States v. Keenan Kester CofieldCourt of Appeals for the Sixth Circuit · 2000
- United States v. Lin Edward DavisCourt of Appeals for the Tenth Circuit · 1998
- UNITED STATES of America, Plaintiff-Appellee, v. Juan MEJIA-SANCHEZ, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999
- United States v. Bermudez-PlazaCourt of Appeals for the First Circuit · 2000
- United States v. DavisCourt of Appeals for the Tenth Circuit · 1998