Can a revoked probation sentence be appealed to the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Marron, 564 F.2d 867 (9th Cir. 1977):
11 Under other circumstances I would quarrel with a procedure that allows an appellate court to engage in an independent reading of the record to affirm the sentence of a revoking judge. The decision whether or not to revoke probation is committed firmly to the trial court's discretion. Burns v. United States, 287 U.S. 216, 221, 53 S.Ct. 154, 77 L.Ed. 266 (1932). In this case my objection is moot, however, since there is now only one possible disposition that can be made. See text, infra.
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