U.S. v. Granelli
| Decision Date | 04 August 1977 |
| Docket Number | No. 77-1230,77-1230 |
| Citation | 558 F.2d 1042 |
| Parties | UNITED STATES of America, Appellee, v. Joseph A. GRANELLI, Defendant, Appellant. |
| Court | U.S. Court of Appeals — First Circuit |
William B. Duffy, Jr., Boston, Mass., by appointment of the Court, and Duffy & Parker, Boston, Mass., on memorandum for defendant, appellant.
James N. Gabriel, U. S. Atty., and Robert B. Collings, Asst. U. S. Atty., Boston, Mass., on memorandum for appellee.
Before COFFIN, Chief Judge, LAY * and CAMPBELL, Circuit Judges.
Appellant received a two year sentence in federal district court, which was suspended. He was placed on probation, the first condition of which was to refrain from violating any law, local, state, or federal. During the probationary period, he was involved in several state criminal proceedings. The district court, after reviewing the records of the state court proceedings, testimony from police officers, and the state court exhibits, found that the first condition of probation had been violated and revoked probation. Appellant claims that the fact that the state proceedings all were ultimately dismissed bars the revocation of his probation under the principles of double jeopardy or collateral estoppel.
The records of the state criminal proceedings show the following. The first complaint charged receipt of property stolen from one Marie Fonzi. While the record recites that appellant had been found guilty, the complaint was ordered "placed on file". 1 A second complaint charged larceny of property from said Marie Fonzi. The record reflects that hearing had been had and that defendant was found guilty, that defendant was sentenced to six months in jail, that execution was suspended pending appeal to Superior Court, and finally, that the appeal was withdrawn and the case dismissed. The third complaint charged the theft of $689.05 from the Star Market. An examination of the complaint reveals that the printed recitation of a hearing and finding of guilt was lined out, and the following words were typewritten:
Appellant's argument is as novel as it is simple. He contends that since evidence was received in his state proceedings and the charges dismissed, such action is "manifestly tantamount to acquittal". He relies on cases which have held that a prior acquittal in a prosecution bars prison or parole authorities from reducing credit for "good time" or revoking parole for having committed the offense of which a defendant had been acquitted. Barrows v. Hogan, 379 F.Supp. 314 (M.D.Pa.1974); Standlee v. Rhay, 403 F.Supp. 1247 (E.D.Wash.1975). In both cases a defendant had been acquitted by a judge or jury deciding the merits in defendant's favor.
We need not consider appellant's arguments that, despite the differing standards of proof pertinent to a criminal trial and a probation revocation proceeding, cf. United States v. One Clipper Bow Ketch Nisku, 548 F.2d 8, 10 n. 2 (...
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US v. Giannetta, Crim. No. 86-00035-01-P
...for probation revocation purposes since the dismissal occurred before the merits of the case were addressed. See United States v. Granelli, 558 F.2d 1042 (1st Cir.1977).3 Based on Probation Officer Frost's investigation,4 the petition also alleges that Defendant submitted a false automobile......