State v. Morasch

In May 1966, the defendant entered a plea of guilty to the crime of embezzlement by bailee, ORS 165.Ó10, and a presentence investigation was ordered. On July 25, 1966, the court sentenced the defendant to an indeterminate five-year term and ordered “that execution of said sentence is hereby suspended provided that said defendant be returned to his native Canada by the United States Immigration authorities.” No other proviso relevant to this case was contained in the order.

Subsequently the defendant on more than one occasion re-entered the United States, sometimes illegally, sometimes legally,…