United States v. James David Ross

WISDOM, Circuit Judge:

This appeal requires us to examine, if briefly, the scope of the power of the district judge to revoke probation, and the proper standard for waiver of the right to counsel at a hearing on revocation of probation.

James David Ross, appellant, attacks on two grounds the revocation of his probation, ordered by the district judge after a hearing at which Ross allegedly waived the right to counsel. First, the appellant contends, he was not “within the probation period” as required by Title 18 U.S.C. § 3653, at the time he committed the state offense which led to revocation.…