United States v. Lester Henry Carey

Appellant Lester Henry Carey appeals from an order revoking his probation, contending that an earlier ex parte extension of his probation term violated his due process right to prior notice and a hearing. We affirm the order.

In 1973, Carey was indicted and pleaded guilty to a charge of possessing stolen mail matter in violation of 18 U.S.C. § 1708. On January 4, 1974, he was sentenced to a four-year term of imprisonment but the District Court 1 suspended the sentence and placed appellant on probation for three years. As part of that procedure Carey signed a Conditions of Probation Form that…