United States v. David Nuno-Garza

MEMORANDUM

David Nuno-Garza appeals from the district court’s judgment revoking his supervised release. The district court entered its judgment more than four years after Nuno-Garza’s term of supervision would have expired, absent tolling. Nuno-Garza argues (1) the district court lacked jurisdiction under 18 U.S.C. § 3583 (i) to revoke his supervised release beyond the date his term of supervision expired because no warrant based on sworn facts and supported by probable cause issued during his term of supervision, see United States v. Vargas-Amaya, 389 F.3d 901, 907 (9th Cir.2004), and (2) jurisdiction was not justified under the doctrine of fugitive tolling because either the doctrine is invalid as a matter of law or he was never a fugitive. We have jurisdiction under 28 U.S.C. § 1291 .

The district court did not lack jurisdiction to revoke Nuno-Garza’s supervised release. Although Nuno-Garza asserts the doctrine of fugitive tolling is invalid as a matter of law, this court has recognized the doctrine’s validity on multiple occasions. See, e.g., United States v. Delamora, 451 F.3d 977, 980-81 (9th Cir.2006); United States v. Murguia-Oliveros, 421 F.3d 951, 953-54 (9th…