United States v. Charles Wickenhauser, 710 F.2d 486 (8th Cir. 1983). · Go Syfert
United States v. Charles Wickenhauser, 710 F.2d 486 (8th Cir. 1983). Cases Citing This Book View Copy Cite
11 citation events (3 in the last 25 years) across 8 distinct courts.
Strongest positive: Cantois v. People (virginislands, 2014-09-05)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Cantois v. People
virginislands · 2014 · confidence medium
See United States v. Rose, 791 F.2d 1477, 1480 (11th Cir. 1986) (“We have no doubt that the addition of any condition to an appearance bond to the effect that it shall be retained ... to pay any fine that may subsequently be levied against the defendant after the criminal trial is over is for a purpose other than that for which bail is required to be given under the Eighth Amendment [and] is therefore . . . in violation of the Constitution.”); United States v. Wickenhauser, 710 F.2d 486, 487-88 (8th Cir. 1983) (“The district court also refused to release appellant’s $500 bail deposit b…
discussed Cited as authority (rule) State v. Giordano
N.J. Super. Ct. App. Div. · 1995 · confidence medium
In United States v. Wickenhauser, 710 F. 2d 486, 487-88 (8th Cir.1983), the court concluded that Fed.R.Crim.P. 46(f), which provided that the court shall release the bail once the conditions of the bond are fulfilled or the forfeiture is set aside, prevented the district court from refusing to release defendant's $500 bail because he had not paid a $5,000 fine.
cited Cited as authority (rule) United States v. John Harlan Shangreaux
8th Cir. · 1990 · confidence medium
United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983).
cited Cited as authority (rule) Williams v. State
Del. · 1989 · confidence medium
See United States v. Ross, 503 F.2d 940, 943 (5th Cir.1974); United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983).
discussed Cited as authority (rule) United States v. Michael Veatch
3rd Cir. · 1986 · confidence medium
United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983), phrased the rule as follows: “probation may be revoked before the term of probation has commenced based upon new information or a change of circumstances.” The “fraud on the court” exception is based on the premise that the sentencing judge would not have granted probation had he been aware of facts which the defendant had concealed.
discussed Cited as authority (rule) United States v. Leonard A. Young
8th Cir. · 1985 · confidence medium
The decision to revoke probation is within the discretion of the District Court and is “ ‘reviewable only upon a showing of abuse of discretion.’ ” United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983) (quoting United States v. Rifen, 634 F.2d 1142, 1144 (8th Cir.1980)).
discussed Cited "see" Washington v. United States
D.C. · 2010 · signal: see · confidence high
See United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983) (citing Jurgens in dic-tura for proposition that probation may be revoked "based upon new information or a change of circumstances,” but declining defendant's own request that his probation be revoked); Trueblood Longknife v. United States, 381 F.2d 17, 20 (9th Cir.1967) (finding no abuse of discretion in revocation of probation based on defendant’s "efforts to knowingly and fraudulently conceal” his prior bankruptcy and use of an alias from trial court and probation office).
discussed Cited "see" United States v. Timilty
1st Cir. · 1998 · signal: see · confidence high
See id. at 102-106 . 3 See also United States v. Wickenhauser, 710 F.2d 486 , 488 n. 1 (8th Cir.1983) (interpreting § 3565); United States v. Powell, 639 F.2d 224, 226 (5th Cir. Unit A Mar.1981) (same).
cited Cited "see" United States v. Timilty
1st Cir. · 1998 · signal: see · confidence high
See alsoUnited States v. Wickenhauser, 710 F.2d 486 , 488 n.1 (8th Cir. 1983) (interpreting 3565); United States v. Powell, 639 F.2d 224, 226 (5th Cir. Unit A Mar. 1981) (same).
discussed Cited "see, e.g." Washington v. United States
D.C. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Jones v. United States, 401 A.2d 473, 478 (D.C.1979) (finding no abuse of discretion in revocation of defendant's probation after defendant "willfully misled the court and the probation office" by failing to mention outstanding criminal charges in response to probation counselor's direct questioning). [3] See United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983) (citing Jurgens in dictum for proposition that probation may be revoked "based upon new information or a change of circumstances," but declining defendant's own request that his probation be revoked); Trueblood Lon…
discussed Cited "see, e.g." United States v. Luis Montenegro-Rojo
9th Cir. · 1990 · signal: see also · confidence medium
See United States v. Nunez, 573 F.2d 769, 770-72 (2d Cir.), cert. denied, 436 U.S. 930 , 98 S.Ct. 2828 , 56 L.Ed.2d 774 (1978), cited in United States v. McCrae, 714 F.2d 83 , 85 n. 1 (9th Cir.), cert. denied, 464 U.S. 1001 , 104 S.Ct. 506 , 78 L.Ed.2d 696 (1983); see also United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Charles WICKENHAUSER, Appellant
83-1205, 83-1354.
Court of Appeals for the Eighth Circuit.
Jun 30, 1983.
710 F.2d 486
Thomas E. Dittmeier, U.S. Atty., Timothy J. Wilson, Asst. U.S. Atty., St. Louis, Mo., for appellee.
Lay, Ross, McMillian.
Cited by 11 opinions  |  Published
McMILLIAN, Circuit Judge.

Charles Wickenhauser appeals from the district court’s denial of his motions to revoke probation and impose sentence on him immediately and to release his bail money on deposit in the registry of the district court. For the reasons discussed below, we affirm in part, reverse in part, and order the return of the bail deposit to appellant or his assignee.

Appellant Charles Wickenhauser pleaded guilty to both counts of a two-count indictment charging him with making an illegal[*487] loan to himself from union funds while he was a union officer (Count I), 29 U.S.C. § 503(c), and forming a corporation to provide temporary laborers to certain businesses while a union officer (Count II), 29 U.S.C. § 186(b). On August 20, 1982, the district court sentenced appellant to one year’s imprisonment and fined him $5,000 on Count I. The court suspended imposition of sentence on Count II and imposed a period of five years’ probation to commence upon completion of the one-year prison term. Appellant signed a statement agreeing to abide by the conditions of probation set by the court. Appellant subsequently filed timely motions to reduce or modify his sentence pursuant to Fed.R.Crim.P. 35. The district court summarily denied these motions.

Appellant began serving his prison sentence in September 1982. On January 20, 1983, appellant filed a “Motion for Imposition of Sentence” asking the district court to sentence him immediately on Count II because he would not comply with the conditions of his probation upon release from prison. The maximum term of imprisonment the district court could impose on Count II was one year. 29 U.S.C. § 186(d). The district court denied this motion without discussion on January 25, 1983, and appellant appealed.

In the meantime, appellant sought to assign to his mother $500.00 he had deposited in the court registry as a bail deposit. Appellant’s mother had forwarded the funds to appellant for the bail deposit. On January 10, 1983, the district court wrote a letter to appellant’s mother stating that it would not release the bail deposit because appellant had not satisfied the $5,000 fine imposed on Count I. On February 27,1983, appellant moved the district court to reconsider its decision not to release the bail money. Appellant argued that because his mother posted the bail for him, the court could not use that money to satisfy any fines against him. See United States v. Jones, 607 F.2d 687 (5th Cir.1979). The court denied this motion without discussion on March 4,1983. Appellant then appealed from this decision and the two appeals were consolidated.

It is well settled that “[probation and the conditions upon which it is granted as well as its revocation are within the discretion of the trial court and are reviewable only upon a showing of abuse of discretion.” United States v. Rifen, 634 F.2d 1142, 1144 (8th Cir.1980). While probation may be revoked before the term of probation has commenced based upon new information or a change of circumstances, see United States v. Jurgens, 626 F.2d 142, 144 & n. 1 (9th Cir.1981); 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), the sentencing judge nevertheless has the discretion not to revoke probation. Furthermore, the district court may provide for a probationary period of up to five years even though the maximum sentence for the particular crime is much less. 18 U.S.C. § 3651. See Driver v. United States, 232 F.2d 418, 421-22 (4th Cir.1956); Mitchem v. United States, 193 F.2d 55, 57 (5th Cir.1951). We find no abuse of discretion where, as here, the challenged sentence was well within the limits prescribed by statute. See Heath v. United States, 375 F.2d 521, 523 (8th Cir.1967); see also United States ex rel. Grossberg v. Mulligan, 48 F.2d 93, 94 (2d Cir.1931) (defendant waived any right to demand immediate imposition of sentence by expressly consenting to probation and suspension of sentence). Therefore, we affirm the district court’s denial of appellant’s motion to impose sentence.

The district court also refused to release appellant’s $500 bail deposit because he had not satisfied a $5,000 fine. Fed.R.Crim.P. 46(f) (emphasis added) provides that “[w]hen the condition of the bond has been satisfied ..., the court shall ... release any bail.” See 18 U.S.C. § 3146(a)(3) (bail deposit in the registry of the court “to be returned upon the performance of the conditions of release”). There is no question in this case that appellant complied with all the conditions of his appearance bond and is now entitled to the return of[*488] his bail deposit. [1] Accordingly, we reverse the denial of appellant’s motion for the release of his bail deposit and order the district court to return any bail to appellant or his assignee.

In conclusion, we affirm the district court’s denial of appellant’s motion for imposition of sentence, reverse the denial of appellant’s motion for return of his bail deposit, and order the district court to return any bail to appellant or his assignee.

1

. We note that the proper procedure for collecting fines in criminal cases is set out in 18 U.S.C. § 3565, which provides in pertinent part:

In all criminal cases in which judgment or sentence is rendered, imposing the payment of a fine or penalty, ... such judgment, so far as the fine or penalty is concerned, may be enforced by execution against the property of the defendant in like manner as judgments in civil cases.

Fed.R.Civ.P. 69(a) details the manner of enforcement of money judgments in civil cases. See generally United States v. Powell, 639 F.2d 224, 225-26 (5th Cir.1981).