Legal Opinion
Cynthia M. Banks v. United States
Court of Appeals for the Sixth Circuit
Decided January 30, 1980No. 79-5099PublishedCited by 30 opinions
1Opinion of the Court
DAMON J. KEITH, Circuit Judge.
The question presented by this case is whether a federal district judge may delegate the task of conducting a probation revocation hearing to a United States Magistrate. We hold that the judge may not.
FACTS
The facts are simple and undisputed. Cynthia M. Banks pleaded guilty in October of 1977 to possession of stolen mail matter. The district court sentenced her to 30 days in jail and two years probation. As a special condition of probation, the defendant was to make restitution in the amount of $235.00.
In December of 1978, the Chief Probation Officer for the U.…
2Cases cited36 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Mathews v. WeberSupreme Court of the United States · 1976
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- National Labor Relations Board v. MacKay Radio & Telegraph Co.Supreme Court of the United States · 1938
- Morgan v. United StatesSupreme Court of the United States · 1936
31 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Donald and Ronald HILL, Plaintiffs-Appellants, v. the DURIRON COMPANY, INC., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1981
- United States v. Shaun K. O'NeilCourt of Appeals for the First Circuit · 1993
- Jane Wharton-Thomas v. United States of America, United States Post Office and Pasquale J. Di Francisco, Jointly, Severally And/or in the AlternativeCourt of Appeals for the Third Circuit · 1983
- Delores Brown v. Wesley's Quaker Maid, Inc., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 1985
- Ben CALDERON, Plaintiff-Appellant, v. WACO LIGHTHOUSE FOR THE BLIND, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980
25 more not listed; retrieve them via the Exa API.