United States v. Todd David Neville

Todd Neville appeals the district court’s affirmance of the magistrate’s revocation of Neville’s term of supervised release and the imposition of a six month sentence of imprisonment under 18 U.S.C. § 3583 (e) (Supp.1991). Neville violated the terms of his supervised release before the supervisory period expired. However, Neville argues that the district court lacked jurisdiction to revoke his supervised release and sentence him to prison under § 3583 because the supervisory period had expired by the time the revocation hearing was held. Neville also claims that a magistrate judge does not have jurisdiction to revoke a defendant’s term of supervised release upon the defendant’s withdrawal of consent to be heard by the magistrate judge.

We affirm the district court’s ruling. We find that a court’s assumption of jurisdiction under 18 U.S.C. § 3583 is proper to determine whether a defendant not in custody violated the terms of supervised release and remedy the violation by imposing a prison term when an order to show cause is issued during the period of supervised release. We also hold that a defendant’s withdrawal of validly given consent to be heard by a magistrate judge at the…