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489 F.2d 1402

Docket No. 73-3345

Blake v. United States

Fifth Circuit Court of Appeals

Decided Feb. 28, 1974.

Fifth Circuit Court of Appeals · decided 1974-02-28

Cited by 2 later decisions — most recently September 1988

2 federal appellate ·

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Gagnon v. Scarpelli · Davis v. Edwards

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1974-02-28

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¶1Summary Calendar.*

¶2John J. Blake, pro se.

¶3John L. Briggs, U. S. Atty., Jacksonville, Fla., D. Frank Winkles, Asst. U. S. Atty., Tampa, Fla., for respondents-ap-pellees.

¶4Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

¶6PER CURIAM:

¶7The denial of the appellant’s motion to vacate the sentence is affirmed, and we adopt the thorough opinion of the district court which accompanied that denial. It is apparent from a careful reading of the record and the transcript of the appellant’s probation revocation hearing that probation was revoked only after a full, fair, and impartial hearing at which Blake was represented by counsel. Without deciding whether the decision of the Supreme Court in Gagnon v. Scarpelli, 1973, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656, should be applied retroactively, we are convinced by our examination of the record and the transcript that the requirements of that decision were fully met by the hearing held by the district court here.

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