Richard Forgues v. United States

PEÉ CURIAM.

This appeal presents the issue of whether the ex parte order of the district court extending appellant’s period of probation without prior notice to him violated his due process rights. We hold that the extension without prior notice was not a constitutional violation, and, therefore, affirm the district court’s denial of appellant’s motion to vacate sentence under 28 U.S.C. § 2255.

In 1976 the United States District Court for the Western District of Wisconsin sentenced appellant Richard Forgues to 18 months probation after he entered a plea of guilty to a forgery charge. Forgues’…