United States v. Davonya Grant

A defendant assumes fugitive status when he “failfs] to comply with the terms of his supervised release,” which includes moving residences without telling his probation officer. See United States v. Murguiai-Oliveros, 421 F.3d 951, 953 (9th Cir.2005). Fugitive status tolls the length of time a defendant is ordered to serve probation (the “Probation Term”). See United States v. Watson, 633 F.3d 929, 931 (9th Cir.2011). As such, a defendant’s Probation Term is extended for the period of his fugitive status. See id. Because Appellant Davonya Kusan Grant’s fugitive status tolled her Probation Term, the district court’s revocation hearing occurred before the term expired. Thus, the district court had jurisdiction to revoke Grant’s probation. Further, the district court did not abuse its discretion when it sentenced Grant.

BACKGROUND

Grant pleaded guilty to knowingly filing false federal income tax returns. Grant asked for leniency in sentencing, arguing that her mother and children relied on her as the family’s sole caregiver. On February 6, 2006, the district court sentenced Grant to five years of probation and ordered Grant to pay restitution. The district court also…