United States v. Frederick Newell Boswell

COLEMAN, Circuit Judge.

The issue in this case is whether a revocation of probation was erroneous. An analysis of the issue necessitates a rather lengthy recitation of the antecedent facts.

Frederick Boswell was found guilty, in three counts, of mail fraud, wire fraud, and conspiracy to commit both offenses. The conviction was affirmed, United States v. Boswell, 5 Cir. 1978, 565 F.2d 1388, cert. denied, 439 U.S. 819, 99 S.Ct. 81, 58 L.Ed.2d 110.

On March 16, 1976, Boswell was sentenced. On Count I (mail fraud), he was assessed 18 months confinement. On Counts II and III (fraud by wire and…