United States v. Vance Smith

In November 1972, a jury found defendant guilty of firearm offenses under 18 U.S.C. §§ 922(a)(6) and 924(a). He received a three-year sentence under Count 1 and was placed on probation for five years on Count 2, the sentence on Count 2 to run consecutively to the three-year prison term. However, on January 22, 1974, the district judge suspended the execution of the remainder of the term of imprisonment and placed defendant on probation for a five-year period. Condition 1 of defendant’s probation was to refrain from “the violation of any law.” Subsequently, the Government contended that…