United States v. Hilliard

This is an appeal by the government pursuant to D.C.Code 1973, § 23-111(d) (2). 1 The government contends that because appellee had previously been convicted of a crime of violence, the court wrongfully placed him on probation and, instead, was required, under the provisions of D.C.Code 1973 § 22-3202, to sentence him to a minimum term of imprisonment, without suspension of sentence or probation. We agree and remand for resentenc-ing.

On April 7, 1975, appellee was found guilty by a jury of assault with intent to commit robbery while armed 2 and two counts of armed robbery. 3 On July 11, 1975,…