United States v. Roy Biondi

MEMORANDUM

Appellant Roy Paul Biondi (Biondi) challenges as an unreasonable delay the six years that elapsed between the district court’s issuance of an order to show cause why he had not violated the terms of his supervised release and the revocation hearing held upon his release from state custody. Biondi also argues that the 12-month sentence the district court imposed was unreasonable.

1. The district court did not err by postponing the revocation hearing until Biondi was released from state custody. See United States v. Garrett, 253 F.3d 443, 450 (9th Cir.2001) (explaining that “once a defendant’s supervised release term expires, a district court may, in accordance with § 3583(i), postpone the federal adjudication of matters arising before the expiration of that term until after the defendant is released from state custody”).

2. Biondi was not prejudiced by the postponement because there is no statutory requirement that the government “writ a defendant out of state custody and bring him before the federal district court for his i-evocation hearing....” Garrett, 253 F.3d at 450 . Likewise, the postponement did not cause Biondi to suffer “difficulty in contesting the alleged…