United States v. John Crane, (Aka Donald Kotlick)

Good Law
92 Daily Journal DAR 13552·979 F.2d 687·1992 WL 245945·1992 U.S. App. LEXIS 24455·92 Cal. Daily Op. Serv. 8217
United States Court of Appeals for the Ninth CircuitOctober 2, 199291-50685California2,246 words

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.

Kotlick was released from custody on May…

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