United States v. Antonio Marmolejo

CLARK, Chief Judge:

On November 18, 1988, appellee Antonio Marmolejo (“Marmolejo”) pleaded guilty to a charge of cashing bad checks at the Army-Air Force Exchange Service at Fort Bliss, Texas in violation of Tex.Penal Code §§ 31.03 and 31.06. Since Marmolejo’s conduct occurred on a federal installation it constituted a federal crime under the Assi-milative Crimes Act, 18 U.S.C. § 13 (“ACA”). The court sentenced Marmolejo to serve five years on probation and to make restitution. Approximately six months later, Marmolejo’s probation was revoked because he committed a misdemeanor theft. The court…