United States v. Juan Magana-Colin

MEMORANDUM

Juan Magana-Colin appeals from the district court’s judgment revoking his supervised release and sentencing him to 12 months imprisonment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Magana-Colin argues that the three-year delay between the issuance of a warrant for his arrest for violation of supervised release and the commencement of his supervised release revocation hearing was unreasonable, in violation of Due Process and Federal Rule of Criminal Procedure 32.1. He does not contest that his revocation hearing was held within a reasonable time after he was taken into custody for his supervised release violation. However, he argues that the reasonable time for his hearing should be measured from the date that the warrant for his violation issued.

Rule 32.1 formalizes the requirements of the Due Process Clause. See United States v. Santana, 526 F.3d 1257, 1259 (9th Cir.2008); see also id. at 1259 n. 2 (“We treat proceedings for revocation of probation, parole, and supervised release as equivalents for due process purposes .... ”) As a matter of Due Process, Magana-Colin’s argument is clearly foreclosed by Moody v. Daggett, 429 U.S. 78, 87 , 97…