United States v. Ora Curry

JOHN W. PECK, Senior Circuit Judge.

This case presents the question of whether a federal judge may delegate the conduct of a probation revocation hearing to a magistrate. We hold that he may not. Since appellant received a hearing before a magistrate but did not receive a hearing before a federal judge, we reverse the revocation of his probation and remand for the conduct of a hearing by the-district judge.

I

Because we reverse on procedural grounds, the underlying facts as to the conduct which led to appellant’s sentence to a term of probation, and the subsequent revocation of his probation,…