U.S. v. Tatum

Ct. of Appeals denied motion by defendant’s appellate counsel to withdraw from case pursuant to Anders due to lack of non-frivolous ground to appeal defendant’s 24-month term of incarceration arising out of defendant’s violation of conditions of his probation. Record suggested that Dist. Ct. had already determined instant sentence at time he imposed original 18-month probation sentence, and although instant 24-month term of incarceration was reasonable in view of number of violations and short length of time in which defendant had committed said violations, Dist. Ct. could not commit himself to specified penalty for any violation of conditions of probation at time when said conditions were being imposed.