Frad v. Kelly
302 U.S. 312 (1937)

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U.S. Supreme Court

Frad v. Kelly, 302 U.S. 312 (1937)

Frad v. Kelly

No. 87

Argued November 9, 10, 1937

Decided December 6, 1937

302 U.S. 312

Syllabus

1. Where a defendant in a criminal prosecution in the federal district court pleads guilty upon three separate indictments, the court may impose a sentence of fine and imprisonment upon one indictment, and on each of the others may suspend the imposition of sentence and place the defendant on probation for a definite period to begin upon completion of service of the sentence on the first. Probation Act of 1925, §§ 1-2; 18 U.S.C. §§ 724-725. P. 302 U. S. 315.

2. A federal district judge who, while sitting in a criminal case in a district to which he had been assigned pursuant to R.S. § 591, as amended, had, upon a plea of guilty, suspended sentence and placed the defendant upon probation, is without authority, after the termination of his service in that district, to make an order revoking the probation and terminating the proceedings against the probationer. P. 302 U. S. 317.

3. A court other than that in which the judgment and sentence are recorded is without authority, either under the Probation Act or the statute providing for the assignment of judges, to make an order, pursuant to § 2 of the Probation Act, revoking probation and terminating the proceedings against the probationer. P. 302 U. S. 318.

4. Limitations upon the jurisdiction of the assigned judge cannot be waived by the actions of the probation officer or of the District Attorney. P. 302 U. S. 319.

89 F.2d 866 affirmed.

Certiorari, 301 U.S. 681, to review a judgment reversing orders of the district court which discharged the petitioner upon a writ of habeas corpus and denied a motion by the Government to sentence him upon indictments under which probation had been granted.

Page 302 U. S. 313

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