United States v. Steven Robert Einspahr

TACHA, Circuit Judge.

Appellant Steven R. Einspahr appeals the district court’s revocation of his probation. He maintains that the district court had no jurisdiction to act on the petition alleging probation violations because his term of probation had already expired. We assert jurisdiction under 28 U.S.C. § 1291 and affirm the district court’s decision.

On November 19, 1985, Mr. Einspahr and codefendant Terry L. Gates pleaded guilty to a two-count Information charging use of a communication facility to distribute a controlled substance (psilocybin mushrooms), in violation of 21 U.S.C. §§…