Day

MEMORANDUM **

Suzanne Nelson Day appeals her sentence to two terms of 12 months imprisonment for violating the terms of her probation and supervised release imposed in two separate cases. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

Day contends that the court lacked jurisdiction to sentence her on June 6, 1995 (let alone October 13, 2000) because her release and probation terms had expired. However, Day was not sentenced on January 24, 1994, when her terms were modified from supervised to unsupervised. This was an ordinary modification to accommodate the difficulties of supervising Day in Florida. Instead, after finding that violations had occurred, and with Day’s approval and for her benefit, the court continued the revocation hearing for six months. Day did not object to further continuances, but failed to appear on June 6, 1995 as ordered. Thus, the court still had authority as of June 6, 1995 to revoke probation and supervised release. See 18 U.S.C. §§ 3565 (c) & 3583(i); United States v. Neville, 985 F.2d 992, 998-99 (9th Cir.1993). Day’s fugitive status thereafter tolled the period of release and probation until her eventual capture on…