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es was! wae tina hie a... iii oe Jenuary 28, 1938 granting the writ ef habeas corpus and dismiasing the probationer from custody of the Marshel end denying the mtion to senteses Fredé under indietaents numbers €96-120 and 680-944, a The Governseat appealed and the Cireuit Court of Appeals reversed both oréers and ramended the cass for eonsideration of the revocation of probation and for sentence it warranted, Certiorarl was granted end on December 6, 19397 the United State \ Supreme Court affirmed ia a seven-pege\opinion, stating, “Te the writ of certiorari because of tie importanes of the questions presented in the administration of the o\ Probation ___ Aet, We hold the judgment of the court below wes right." It els further held that the order made in the Eastern Distriet of New Yerk revoking probation was a nullity eas the jurisdiction to revoke . _ probation rests solely in the Court which imposed probation and not > in the sentencing fudge, and that neither the probation officer nor the United States Attorney cen waive the juriedictional requirements of tha Probation Aet nor ean they by their conduct confer jurisdiction on a judge of another distriet to act for the trial court. This ie the 1 releting to probation violation thet was mentioned in Agen report above referred to, iia , : For further details concerning the case of Willies dD. Frad; , attention is invited to the ease entitled William D. Freadd, with alieses, et al., Larceny on the High Seas, New York file 45- 252, Bu 975. It will be noted in the report of Special icon: REE Now York City 1/25/38 in this ease thet Fradd to serve 16 months in a Federel penitentiary on 1/16/38 for violation of probatios, Very traly yours, _ : } : . i * | oo R. B, Votterii, “os 4 s Speelel Agent in Charge.: ec NY file 45-252 |