United States v. Bryant, 29395 Summary Calendar.
| Decision Date | 23 September 1970 |
| Docket Number | No. 29395 Summary Calendar.,29395 Summary Calendar. |
| Citation | 431 F.2d 425 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Willie Walter BRYANT, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Michael T. Blacker, Montgomery, Ala. (Court-appointed), for defendant-appellant.
D. Broward Segrest, Asst. U. S. Atty., Ira De Ment, U. S. Atty., William H. Thomas, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.
Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.
Appellant, Willie Walter Bryant, appeals an order of the district court entered November 13, 1969, revoking his probation. Bryant was originally convicted on April 18, 1969, under one count of an indictment charging conspiracy to violate federal revenue laws and received a three-year "split sentence" (Title 18, U.S.C., Sec. 3651), two months confinement with thirty-four months probation to follow. He was, on July 9, 1969, released on probation. Four months later appellant was arrested on a warrant charging a violation of his probation. After a hearing probation was revoked and he was ordered to serve a reduced two-year confinement sentence imposed under Title 18, U.S.C., Section 4208(a) (2).
In this appeal Bryant urges that the lower court abused its discretion in revoking his probation and further that he was not afforded due process of law in the revocation hearing. We disagree, and affirm.
Federal agents testified that while they had an illicit liquor distillery in Crenshaw County, Alabama, under observation before daylight they saw appellant's car stop nearby and let out two men. The men took two bags of rye, a butane tank and a section of steam line from the car and carried it into the woods toward the still site and then returned. The driver, who stayed in the car, could not be positively identified but was said to have been the same general build as appellant. Appellant's car then left and returned about fifteen minutes later and again discharged two men who took some packages of sugar from the car. The driver then drove off. Later the same morning the still located near where the appellant's car had stopped was raided. One man was arrested, another escaped and the items seen taken from appellant's car were confiscated. An agent testified that in setting up the surveillance the agents had been acting on information received from an informer who said that Bryant ran a still and that he did not go to it because he was on probation but instead hired the work done and that on the morning in question Bryant would drop off still-hands and supplies near the still.
In addition to the above evidence the district judge noted that the presentence report detailed appellant's several prior convictions for illegal whiskey violations.
The conditions of appellant's probation required that he refrain from violating...
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