Emil Richard Yates v. United States

HILL, Circuit Judge.

The appeal is from an order and judgment of the court below revoking appel lant’s probation and sentencing him to imprisonment for a term of 3 years.

The facts necessary for our determination of the case are as follows: On December 28, 1959, Yates appeared before the court below to answer the charge of criminal contempt. 1 He was tried before the court, without a jury, and found guilty. After the court had the benefit of a pre-sentence report, imposition of sentence was suspended and probation was granted for a period of 4 years. No appeal was taken from the judgment of…