United States v. Ross Joseph Strada, 503 F.2d 1081 (8th Cir. 1974). · Go Syfert
United States v. Ross Joseph Strada, 503 F.2d 1081 (8th Cir. 1974). Cases Citing This Book View Copy Cite
“long delay between the issuance of an arrest warrant and its execution may be unreasonable and a deprivation of due process.”
99 citation events (12 in the last 25 years) across 37 distinct courts.
Strongest positive: State v. West (mont, 2008-10-09)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. West (2×) also: Cited as authority (rule)
Mont. · 2008 · quote attribution · 1 verbatim quote · confidence high
long delay between the issuance of an arrest warrant and its execution may be unreasonable and a deprivation of due process.
discussed Cited as authority (rule) State of Iowa v. Darius LeJuan Wade
Iowa · 2024 · confidence medium
As the United States Court of Appeals for the Eighth Circuit has observed: We recognize the vital significance of the fixed period of pro- bation to probationers. . . . “[W]hen a defendant is placed on proba- tion he is told, in effect, that if he lives up to the conditions of pro- bation for the required period he will then be a free man.” United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974) (quoting Sanford v. King, 136 F.2d 106, 108 (5th Cir. 1943)); see also People v. McDonald, 202 N.E.2d 143 , 146–47 (Ill.
discussed Cited as authority (rule) United States v. Christopher Perkins
4th Cir. · 2023 · confidence medium
See, e.g., United States v. Smith, 571 F.2d 370, 372 (7th Cir. 1978) (holding that the Court would “adhere to the rule that a district court may revoke probation when ‘reasonably satisfied’ that the probationer ha[d] violated a condition of his probation”); United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974) (holding that “the trial judge is given a great deal of latitude in revocation proceedings.
discussed Cited as authority (rule) United States v. Joseph Merlino (2×)
3rd Cir. · 2015 · confidence medium
United States v. Strada, 503 F.2d 1081, 1083 (8th Cir.1974).
discussed Cited as authority (rule) United States v. Janvier
2d Cir. · 2010 · confidence medium
See, e.g., United States v. Barton, 26 F.3d 490 (4th Cir.1994) (holding that district court had jurisdiction to revoke probation where petition had been filed prior to expiration of probationary term, but no warrant or summons had issued); United States v. Schimmel, 950 F.2d 432, 436 (7th Cir.1991) (holding similarly); United States v. Strada, 503 F.2d 1081, 1083 (8th Cir.1974) (holding that probationer’s counseled agreement to appear obviated the need for a warrant and effectively conferred jurisdiction on district court to revoke probation after term of probation had ended).
cited Cited as authority (rule) State v. Hall
Kan. · 2008 · confidence medium
See, e.g., United States v. Berry, 814 F.2d 1406, 1410 (9th Cir. 1987); United States v. Hill, 719 F.2d 1402, 1405 (9th Cir. 1983); United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974).
cited Cited as authority (rule) State Ex Rel. Guth v. Fabian
Minn. Ct. App. · 2006 · confidence medium
United States v. Strada, 503 F.2d 1081, 1085 (8th Cir.1974).
discussed Cited as authority (rule) Smith v. Snodgrass
10th Cir. · 2004 · confidence medium
This reason for requiring a preliminary hearing is not present when, as here, the probationer is not held in custody to await the revocation hearing. *698 United States v. Sciuto, 531 F.2d 842, 846 (7th Cir.1976) (following United States v. Strada, 503 F.2d 1081, 1084 (8th Cir.1974)); see also McDonald v. N.M.
discussed Cited as authority (rule) Williams v. State
Mo. Ct. App. · 1996 · confidence medium
The court also said that “we can envision that ‘a revocation can occur after the probationary period only if the violation is one that occurred during that period and if formal revocation procedures — usually the issuance of an arrest warrant — are initiated during that period.’” Id. (quoting United States v. Strada, 503 F.2d 1081, 1084 (8th Cir.1974)).
discussed Cited as authority (rule) State v. Murray
Vt. · 1992 · confidence medium
White is based on the statutes set forth above as well as 28 V.S.A. § 205, which requires that a sentence of probation be “for such time as [the court] may prescribe.” Drawing on the relevant statutes, we recognized “ ‘the vital significance of the fixed period of probation to probationers.’” 150 Vt. at 134 , 549 A.2d at 1071 (quoting United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974)).
discussed Cited as authority (rule) United States v. William D. Schimmel
7th Cir. · 1991 · confidence medium
Bazzano, 712 F.2d at 834-35 (“It is difficult to think of a reason why a court should arbitrarily lose jurisdiction at the end of the five-year statutory period when the alleged probation violation took place within the five year period and the probationer was formally notified within that period that the government would seek to revoke his probation.”); United States v. Strada, 503 F.2d 1081, 1083-84 (8th Cir.1974) (“It is our view that the issuance of an arrest warrant *436 within the five year period is not the exclusive means by which tolling of the period for revocation can occur.�…
discussed Cited as authority (rule) State v. White
Vt. · 1988 · confidence medium
As the Eighth Circuit has stated: “We recognize the vital significance of the fixed period of probation to probationers. . . . ‘[w]hen a defendant is placed on probation he is told, in effect, that if he lives up to the conditions of probation for the required period he will then be a free man.’ ” United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974) (quoting Sanford v. King, 136 F.2d 106, 108 (5th Cir. 1943)).
cited Cited as authority (rule) Payne v. Robinson
Conn. App. Ct. · 1987 · confidence medium
United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974).
examined Cited as authority (rule) United States v. Peter Saykally (4×)
7th Cir. · 1985 · confidence medium
This reason for requiring a preliminary hearing is not present when, as here, the probationer is not held in custody to await the revocation hearing."); United States v. Tucker, 524 F.2d 77 (5th Cir.1975), cert. denied, 424 U.S. 966 , 96 S.Ct. 1462 , 47 L.Ed.2d 733 (1976); United States v. Strada, 503 F.2d 1081, 1084 (8th Cir.1974); United States v. Langford, 369 F.Supp. 1107 (N.D.Ill.1973). 4 Were Saykally held in custody prior to his revocation hearing on the ground that he violated the conditions of his probation, he would be entitled to a preliminary hearing to establish probable cause to …
discussed Cited as authority (rule) Nicholas James Romano v. Dr. Lee Roy Black and Dick D. Moore, Nicholas James Romano v. Dr. Lee Roy Black and Dick D. Moore
8th Cir. · 1984 · confidence medium
In making this determination the government must present enough evidence “ ‘to satisfy the [sentencing] judge that the conduct of the probationer has not met the conditions of the probation’ ” United States v. Strada, 503 F.2d 1081, 1085 (8th Cir.1974) (quoting United States v. Garza, 484 F.2d 88, 89 (5th Cir.1973)); Ewing v. Wyrick, 535 S.W.2d 442, 444 (Mo.1976).
discussed Cited as authority (rule) Wallace v. United States
D.C. · 1984 · confidence medium
This requirement is inapplicable in eases where the probationer is free from custody until an order based on a final revocation hearing has issued; Smith v. United States, 474 A.2d 1271 (D.C.1983); United States v. Strada, 503 F.2d 1081, 1984 (8th Cir.1974); or is currently incarcerated pursuant to a pending prosecution — which was the situation here — or conviction of a subsequent commission of another crime — United States v. Diaz-Burgos, 601 F.2d 983 (9th Cir.1979); United States v. Tucker, 524 F.2d 77, 78 (5th Cir.), cert. denied, 424 U.S. 966 , 96 S.Ct. 1462 , 47 L.Ed.2d 733 (1975).
discussed Cited as authority (rule) United States v. Won Cho
9th Cir. · 1984 · confidence medium
By contrast, a person whose probation has properly been revoked has been provided a much less formal hearing, without “the full panoply of rights that attend a criminal prosecution.” United States v. Sciuto, 531 F.2d 842, 845 (7th Cir.1976); United States v. Strada, 503 F.2d 1081, 1085 (8th Cir.1974).
discussed Cited as authority (rule) United States v. Richard Won Cho, United States of America v. Edward L. Harris, Jr., United States of America v. Patrick Anthony Riggans, United States of America v. Murray Evans Laybhen
9th Cir. · 1984 · confidence medium
By contrast, a person whose probation has properly been revoked has been provided a much less formal hearing, without "the full panoply of rights that attend a criminal prosecution." United States v. Sciuto, 531 F.2d 842, 845 (7th Cir.1976); United States v. Strada, 503 F.2d 1081, 1085 (8th Cir.1974).
discussed Cited as authority (rule) John Gammarano v. United States
2d Cir. · 1984 · confidence medium
Gammarano cannot find support from the Eighth Circuit’s decision in United States v. Strada, 503 F.2d 1081, 1084 (8th Cir.1974), which noted that "a revocation can occur after the probationary period only if the violation is one that occurred during that period and if formal revocation procedures — usually the issuance of an arrest warrant — are initiated during that period.” A subsequent decision of the Eighth Circuit distinguishes United States v. Strada as follows: [I]n Strada , the district court had imposed the maximum probationary term permitted by 18 U.S.C. § 3651 : five years.
cited Cited as authority (rule) State v. Ellefson
S.D. · 1983 · confidence medium
United States v. Strada, 503 F.2d 1081, 1084 (8th Cir.1974).
cited Cited as authority (rule) United States v. Herbert S. Adair, Jr.
9th Cir. · 1982 · confidence medium
See 18 U.S.C. § 3653 ; United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974).
discussed Cited as authority (rule) United States v. Fontana
W.D. Pa. · 1981 · confidence medium
However, common sense indicates, as said in U. S. v. Strada, 503 F.2d 1081, 1083 (C.A. 8,1974), that “issuance of an arrest warrant within the five year period is not the exclusive means” of bringing a defendant before the court for a revocation hearing.
cited Cited as authority (rule) United States v. Jack C. Rifen
8th Cir. · 1980 · confidence medium
United States v. Reed, 573 F.2d 1020, 1023 (8th Cir. 1978); United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974).
discussed Cited as authority (rule) United States v. Salvador Charles Basso
2d Cir. · 1980 · confidence medium
See, e. g., United States v. Sciuto, 531 F.2d 842, 846 (7th Cir. 1976); United States v. Tucker, 524 F.2d 77, 78 (5th Cir. 1975), cert. denied, 424 U.S. 966 , 96 S.Ct. 1462 , 47 L.Ed.2d 733 (1976); United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974).
discussed Cited as authority (rule) State v. Austin (2×)
Minn. · 1980 · confidence medium
Halverson v. Young, 278 Minn. 381 , 154 N.W.2d 699 (1967); United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974).
cited Cited as authority (rule) State v. Berry
Md. · 1980 · confidence medium
United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974); United States v. Bartholdi, 453 F.2d 1225, 1226 (9th Cir. 1972); Carpenter v. State, 355 So. 2d 492, 493-94 (Fla. Dist.
cited Cited as authority (rule) Anaya v. State
Nev. · 1980 · confidence medium
Morrissey v. Brewer, 408 U.S. at 480 ; United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974).
cited Cited as authority (rule) Fay v. Commonwealth
Mass. · 1980 · confidence medium
United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974).
cited Cited as authority (rule) United States v. Herman Alexander Rodgers
8th Cir. · 1978 · confidence medium
In United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974), we stated: It must be emphasized that the trial judge is given a great deal of latitude in *654 revocation proceedings.
cited Cited as authority (rule) United States v. Mario Burkhalter
8th Cir. · 1978 · confidence medium
United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974).
discussed Cited as authority (rule) United States v. Miller (2×)
N.D. Ill. · 1978 · confidence medium
Some circuits now interpret this section as providing that “a revocation can occur after the probationary period only if the violation is one that occurred during that period and if formal revocation procedures — usually the issuance of an arrest warrant — are initiated during that period.” United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974).
cited Cited as authority (rule) United States v. Mario S. Reed
8th Cir. · 1978 · confidence medium
United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974); United States v. Garza, 484 F.2d 88, 89 (5th Cir. 1973).
cited Cited as authority (rule) Curtis v. State
Ind. Ct. App. · 1977 · confidence medium
United States v. Tucker, 524 F.2d 77 (5th Cir. 1975); United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974); United States v. Langford, 369 F. Supp. 1107 (N.D.
examined Cited as authority (rule) State Ex Rel. Carlton v. Haynes (4×)
Mo. · 1977 · confidence medium
Although “we recognize the vital significance of the fixed period of probation to probationers” in terms of creating an expectation of regaining one’s liberty, we can envision that “a revocation can occur after the probationary period only if the violation is one that occurred during that period and if formal revocation procedures — usually the issuance of an arrest warrant — are initiated during-that period.” United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974).
discussed Cited as authority (rule) State v. Tech
Iowa · 1976 · confidence medium
In United States v. Strada, 503 F.2d 1081, 1084 (8 Cir. 1974), the Circuit Court held that Morrissey and Gagnon require a preliminary determination of probable cause only where the probationer is under arrest, or deprived of his conditional freedom pending the outcome of the hearing for probation.
cited Cited as authority (rule) United States v. Anthony Sciuto
7th Cir. · 1976 · confidence medium
United States v. Tucker, 524 F.2d 77 (5th Cir. 1975); United States v. Strada, 503 F.2d 1081, 1084 (8th Cir. 1974); United States v. Langford, 369 F.Supp. 1107 (N.D.Ill.1973).
discussed Cited as authority (rule) Gaddy v. Michael
4th Cir. · 1975 · confidence medium
United States v. Strada, supra, 503 F.2d at 1084 (first emphasis added; second emphasis in opinion) and 408 U.S. at 484 , 92 S.Ct. 2593 . . 408 U.S. at 484 , 92 S.Ct. at 2602. . 408 U.S. at 490 , 92 S.Ct. at 2605. . 408 U.S. at 488 , 92 S.Ct. at 2604. . 408 U.S. at 497 , 92 S.Ct. at 2608 (Italics added).
discussed Cited as authority (rule) Gaddy v. Michael
4th Cir. · 1975 · confidence medium
This was emphasized in Morrissey v. Brewer, supra ( 408 U.S. at 490 , 92 S.Ct. at 2605 ) where the Court said: " * * * Obviously a parolee cannot relitigate issues determined against him in other forums, as in the situation presented when the revocation is based on conviction of another crime. * * * " * * * If it is determined that petitioners admitted parole violations to the Parole Board, as respondents contend, and if those violations are found to be reasonable grounds for revoking parole under state standards, that would end the matter." This follows substantially the language in Hyser v. …
cited Cited "see" United States v. Margaret A. West
9th Cir. · 1992 · signal: see · confidence high
See, United States v. Strada, 503 F.2d 1081 (8th Cir.1974), U.S. v. Tucker, 524 F.2d 77, 78 (5th Cir.1975); United States v. Sciuto, 531 F.2d 842, 846 (7th Cir.1976).
discussed Cited "see" Smith v. United States
D.C. · 1983 · signal: see · confidence high
See United States v. Strada, 503 F.2d 1081, 1084 (8th Cir.1974) (appellant not taken into custody until after adversary evi-dentiary hearing and finding by court of violation, therefore, Morrissey and Gagnon holdings inapplicable); State v. Fry, 15 Wash.App. 499 , 550 P.2d 697, 698 (1976) (defendant immediately released from custody and not in custody again until after probation revoked, therefore, no need for preliminary hearing to determine probable cause to detain until full hearing).
cited Cited "see" Dent v. District of Columbia
D.C. · 1983 · signal: see · confidence high
See United States v. Strada, 503 F.2d 1081 (8th Cir.1974).
discussed Cited "see" United States v. Iannece
E.D. Pa. · 1975 · signal: see · confidence high
See United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974); United States v. Alarik, 439 F.2d 1349, 1351 (8th Cir. 1971); United States v. Nagelberg, 413 F.2d 708, 709-10 (2d Cir.) cert denied, 396 U.S. 1010 , 90 S.Ct. 569 , 24 L.Ed.2d 502 (1970); United States v. Cates, 402 F.2d 473, 474 (4th Cir. 1968).
cited Cited "see, e.g." United States v. Todd David Neville
9th Cir. · 1993 · signal: see also · confidence medium
See also United States v. Strada, 503 F.2d 1081, 1083 (8th Cir.1974).
cited Cited "see, e.g." Barker v. State
Iowa · 1991 · signal: see, e.g. · confidence medium
See, e.g., United States v. Strada, 503 F.2d 1081, 1084 (8th Cir.1974); United States v. Berry, 814 F.2d 1406, 1410 (9th Cir.1987); United States v. Hill, 719 F.2d 1402, 1405 (9th Cir.1983).
cited Cited "see, e.g." Wink v. State
Md. · 1989 · signal: see, e.g. · confidence low
See, e.g., United States v. Strada, 503 F.2d 1081 (8th Cir.1974).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Ross Joseph STRADA, Appellant
74-1323.
Court of Appeals for the Eighth Circuit.
Oct 10, 1974.
503 F.2d 1081
Philip F. Cardarella, Kansas City, Mo., for appellant., Michael DeFeo, Sp. Atty., Dept, of Justice, Kansas City, Mo., for appellee.
Van Oosterhout, Heaney, Stephenson.
Cited by 79 opinions  |  Published
STEPHENSON, Circuit Judge.

This appeal concerns the district court’s jurisdiction to revoke appellant’s probation and also raises collateral issues with regard to the revocation proceedings. Because we are satisfied that jurisdiction did exist and that the district court did not commit reversible error, we affirm.

Appellant was convicted in 1968 of violating 18 U.S.C. § 1084, sentenced to imprisonment for two years, execution of all but six months imprisonment was suspended and appellant placed on probation for five years commencing with his release from custody. Appellant Strada was released from imprisonment and began serving probation on March 28, 1969. On November 28, 1973 the government filed a Motion for Order of Arrest and To Show Cause Why Defendant’s Sentence of Probation Should Not Be Revoked, alleging nineteen violations of probation conditions. No such arrest order was issued, however, because appellant, through counsel, agreed to appear before the court voluntarily. A pre-hearing conference on the motion to revoke was held on January 17, 1974. A formal revocation evidentiary hearing commenced on January 22, 1974 and was completed after several days of testimony. On March 28, 1974 the court revoked appellant’s probation on the grounds that he had submitted false state sales/use tax returns and that he had hindered a police officer in the performance of his duty. A warrant was issued for appellant’s arrest at that time. Subsequently, appellant was sentenced to eighteen months imprisonment pursuant to 18 U.S.C. § 3653 (1970).

Appellant’s primary contention on appeal is that the district court was without jurisdiction to issue its March 28 order inasmuch as the five year probationary period ended on March 27, 1974. See 18 U.S.C. §§ 3651, 3653 (1970). [1] Appellant concedes that an arrest warrant issued within the five year period is effective to toll the limitation, even if served beyond the date when probation expires. United States v. Bartholdi, 453 F.2d 1225, 1226 (9th Cir. 1972). However, appellant contends that since no warrant was issued until March 28, 1974, the computation of time is totally dispositive of this appeal. We believe that this issue need not be reached.

It is our view that the issuance of an arrest warrant within the five year period is not the exclusive means by which tolling of the period for revocation purposes can occur. We hold, as did the district court, that appellant, by consenting to appear before the court during the period of his probation, submitted himself to the district court’s jurisdiction and thereby tolled the running of the probation statute. We see no reason why the actual physical presence of the probationer before the court is not as effective a means of tolling the statute as is the mere issuance of a warrant for the arrest of a person whose precise[*1084] whereabouts may be unknown. See generally United States v. Gernie, 228 F. Supp. 329, 333-335, 337-338 (S.D.N.Y.1964).

We recognize the vital significance of the fixed period of probation to probationers. As explained in Sanford v. King, 136 F.2d 106, 108 (5th Cir. 1943), “[w]hen a defendant is placed on probation he is told, in effect, that if he lives up to the conditions of probation for the required period he will then be a free man.” Thus, a revocation can occur after the probationary period only if the violation is one that occurred during that period and if formal revocation procedures — usually the issuance of an arrest warrant — are initiated during that period. See id. See also United States v. Bartholdi, 453 F.2d 1225, 1226 (9th Cir. 1972); Jutras v. United States, 340 F.2d 305 (1st Cir. 1964). In addition, a long delay between the issuance of an arrest warrant and its execution may be unreasonable and a deprivation of due process to such an extent that it divests the court’s subject matter jurisdiction. United States v. Gernie, supra, 228 F.Supp. at 332-339. See also Simon v. Moseley, 452 F.2d 306, 309 (10th Cir. 1971); McCowan v. Nelson, 436 F.2d 758, 760-761 (9th Cir. 1971). Cf. Shelton v. United States Board of Parole, 128 U.S.App.D.C. 311, 388 F.2d 567, 574 (1967).

However, the revocation procedure in the instant case fully comports with the requirements of the applicable statutes and of due process. Well within the period of probation appellant was put on notice by the government’s motion that charges of probation violations had been lodged against him. While the motion for an arrest warrant was pending, appellant voluntarily agreed to and did appear before the court, an act that obviated the need for an arrest warrant and effectively reasserted the court’s jurisdiction over him. Strand v. Schmittroth, 251 F.2d 590, 599 (9th Cir.), petition for cert. dismissed, 355 U.S. 886, 78 S.Ct. 258, 2 L.Ed.2d 186 (1957). Once before the court, he could not challenge jurisdiction over his person. Sewell v. United States, 406 F.2d 1289, 1292 (8th Cir. 1969); Bistram v. United States, 253 F.2d 610, 612-613 (8th Cir. 1958). Clearly, appellant’s actions here effectively tolled the statute and vested in the court the power to issue its revocation order of March 28, 1974.

Appellant next argues that the absence of a preliminary hearing as required by the Supreme Court in Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), was a denial of due process. Specifically, the Gagnon decision holds that a preliminary hearing is required in the context of a probation revocation “under the conditions specified in Morrissey v. Brewer [408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) ].” 411 U.S. at 782, 93 S.Ct. at 1760. One rationale for the Morrissey preliminary hearing requirement was to provide procedural safeguards with regard to the loss of liberty that accompanied an arrest for parole violations. 408 U.S. at 485-487, 92 S.Ct. 2593. Thus, Gagnon extends the right to such a hearing only to those probationers who are taken into custody and deprived of their conditional freedom. This is not the situation in the instant case. Appellant was not taken into custody until sometime after an adversary evidentiary hearing and a finding by the court that appellant had violated the terms of his probation. Thus the holdings in Morris-sey and Gagnon are not applicable.

Appellant’s further contention that he was entitled to a preliminary hearing solely as a discovery device is without merit. Coleman v. Burnett, 155 U.S. App.D.C. 302, 477 F.2d 1187, 1199-1200 (1973) . Finally we note that the record reveals that no request for a preliminary hearing was made. Under all these circumstances the court below did not err in failing to conduct a preliminary hearing. [2]

[*1085] Appellant further contends that his right to due process was infringed in that his probation was revoked on the basis of violations of state and municipal laws on which the applicable one year statutes of limitation had run. We are mindful of the Supreme Court’s statement in United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468 (1972), that statutes of limitation specify a “limit beyond which there is an irrebuttable presumption that a defendant’s right to a fair trial would be prejudiced.” Id. at 322, 92 S.Ct. at 464 (emphasis added). However, in the context of a probation or a parole revocation, a defendant is not entitled to the “full panoply of rights” that attend a criminal prosecution. Morrissey, supra, 408 U.S. at 481, 92 S.Ct. 2593. See also United States v. Johnson, 455 F.2d 932, 933 (5th Cir.), cert. denied, 409 U.S. 856, 93 S.Ct. 136, 34 L.Ed.2d 101 (1972). Because due process is a flexible concept, each particular situation must be examined in order to determine what procedures are constitutionally required. Morrissey, supra, 408 U.S. at 481, 92 S.Ct. 2593. See also Hannah v. Larche, 363 U.S. 420, 442, 80 S.Ct. 1502, 4 L.Ed.2d 1307 (1960); Boykins v. Fairfield Board of Education, 492 F.2d 697, 701 (5th Cir. 1974); United States ex rel. Martinez v. Alldredge, 468 F.2d 684, 686-687 (3d Cir. 1972), cert. denied, 412 U.S. 920, 93 S.Ct. 2737, 37 L.Ed.2d 146 (1973); United States ex rel. Walker v. Mancusi, 467 F.2d 51, 53 (2d Cir. 1972).

In the instant case the record reveals that the appellant was not prejudiced by the fact that the evidentiary hearing on revocation was held approximately one year after the state statutes of limitation had run. For example, as to the false sales/use tax charge, appellant’s primary defense was made on legal rather than factual grounds, thus eliminating any problems with regard to “staleness” that could result in prejudice. See Toussie v. United States, 397 U.S. 112, 114, 90 S.Ct. 858, 25 L.Ed.2d 156 (1970).

It must be emphasized that the trial judge is given a great deal of latitude in revocation proceedings. In order to justify a revocation order “[a] 11 that is required is enough evidence, within a sound judicial discretion, to satisfy the district judge that the conduct of the probationer has not met the conditions of the probation.” United States v. Garza, 484 F.2d 88, 89 (5th Cir. 1973). See also United States v. D’Amato, 429 F.2d 1284, 1286 (3d Cir. 1970); United States v. Nagelberg, 413 F.2d 708, 709-710 (2d Cir. 1969), cert. denied, 396 U.S. 1010, 90 S.Ct 569, 24 L.Ed.2d 502 (1970). Absent an abuse of discretion, the finding of a trial court in a revocation hearing cannot be disturbed. Burns v. United States, 287 U. S. 216, 222-223, 53 S.Ct. 154, 77 L.Ed. 266 (1932); United States v. Alarik, 439 F.2d 1349, 1351 (8th Cir. 1971). See also United States v. Shapiro, 491 F.2d 335, 336 (6th Cir. 1974); United States v. Brown, 488 F.2d 94, 95 (5th Cir. 1973). No such abuse is apparent here with regard to the state statutes of limitation. [3] We believe that the facts of this case support the trial court’s actions and conclusions. [4]

Appellant’s final allegations of error concern the trial court’s admission of the sales/use tax returns into evidence and the overall sufficiency of the[*1086] evidence. We find these contentions to be lacking in merit and do not require discussion. Our careful examination of the issues raised on this appeal convinces us that the trial court did not err in revoking appellant’s probation.

Affirmed.

1

. In relevant part 18 U.S.C. § 3653 (1970) states: “At any time within the probation period, or within the maximum probation period permitted by section 3651 of this title, the court for the district in which the probationer is being sujiervised * * * may issue a warrant for Iris arrest for violation of probation occurring during the probation period.”

2

. Although not specifically raised in this appeal, our review of the record reveals that tlie final revocation hearing held in this case fully satisfied the Morrissey/Gagnon due[*1085] process requirements as set out in 408 U.S. at 488-489, 92 S.Ct. 2593.

3

. We similarly reject appellant’s general charge of an abuse of discretion by the trial judge for revoking probation on the basis of misdemeanor violations.

4

. Although the record is somewhat unclear as to the method by which the false state sales/use tax returns were transmitted to the state authorities, it is strongly implied that the mails were employed. If so, a violation of the federal mail fraud statute, 18 U.S.C. § 1341 (1970), would be involved. See United States v. Flaxman, 495 F.2d 345, 348-349 (7th Cir. 1974). That statute, with its five year statute of limitations, 18 U.S. C. § 3282 (1970), would have eliminated the jl/orioii-related issue.