United States v. John Crane, (Aka Donald Kotlick)
Opinion
Opinion
Pro, J.
OVERVIEW
Appellant Donald Kotlick, aka John Crane, appeals the district court’s order affirming a magistrate judge’s revocation of a one-year term of supervised release and imposition of a one-year term of imprisonment. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and we affirm.
FACTS
On May 3, 1989, Appellant Donald Kot-lick, aka John Crane, was arrested at the Cabrillo National Monument in San Diego, California, for the offense of unlawful taking of a vehicle in violation of 18 U.S.C. § 13 and California Vehicle Code § 10851(a) and California Penal Code § 17(b). On May 23, 1989, Kotlick executed a “Consent to be tried by a United States Magistrate Judge” pursuant to 18 U.S.C. § 3401 , and entered a plea of guilty to the charge before United States Magistrate Judge Roger Curtis McKee. By his consent, Kotlick expressly agreed to be “tried before a United States Magistrate Judge” and waived “trial, judgment and sentencing by a District Judge.”
On July 7, 1989, Magistrate Judge McKee sentenced Kotlick to the custody of the Attorney General for a term of one year to be followed by a one-year term of supervised release.