United States v. Edward Joseph Rodriguez

FERGUSON, Circuit Judge:

This is a case determining when a term of probation began to run. Commendably, the district court, recognizing the importance of the issue, postured the case to insure an effective appeal.

In the fall of 1973, defendant Rodriguez pleaded guilty to one count of bank robbery and on October 1, 1973 was sentenced to a 12-year prison term. The court ordered the suspension of the prison term on the condition that the defendant spend the first six months of his sentence in a jail-type institution and that he be placed on probation for five years.

In October 1975, the defendant…