KRAFT, District Judge.
The defendant, LeRoy DeGregory, petitioned us, somewhat belatedly, to vacate his sentence, discharge him from probation and remit the fine already paid, or, alternatively, to permit him to withdraw his plea of nolo contendere.
His petition and a responsive answer thereto present for determination the following questions:
1. Is a defendant on probation, following suspension of the execution of a sentence to imprisonment, "a prisoner...
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