Wallace Bryce Nicholas v. United States

OPINION

Before BARNES, HUFSTEDLER and WRIGHT, Circuit Judges. HUFSTEDLER, Circuit Judge:

The district court held that it had no jurisdiction to grant probation to Nicholas because (1) the five-year probationary period prescribed by 18 U.S.C. § 3651 was not tolled during Nicholas’ voluntary absence from the jurisdiction and, accordingly, the term had expired before his probation revocation hearing, and (2) under 18 U.S.C. § 3653, the court was powerless to release Nicholas on probation after it had earlier revoked his probation. Nicholas appeals. We hold that the district court had jurisdiction…