United States v. Henry Leroy O'Brien

ORRICK, District Judge:

In this appeal from the denial of a motion for release from probation supervision, appellant, Henry Leroy O’Brien, contends that his five-year term of probation began to run from the date he was released from federal custody in 1979 rather than the date he was released from Oklahoma custody in 1983 because the district judge who imposed the term of probation did not specify in the judgment and commitment order (“judgment”) whether probation was to commence upon release from any and all confinement, or whether it was to commence upon release from federal confinement…