United States v. Dante Vargas-Amaya

Dante Vargas-Amaya (“Vargas”) appeals the district court’s revocation of his term of supervised release and imposition of an additional sentence. He contends that the court lacked jurisdiction under 18 U.S.C. § 3583 (i) to revoke his supervised release. We have jurisdiction over Vargas’ appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We hold that the district court lacked jurisdiction to consider the alleged violations of supervised release because the warrant issued during the term of Vargas’ supervised release was not based on facts supported by oath or affirmation, as required by the Fourth Amendment.

BACKGROUND

After pleading guilty to one count of importing marijuana in violation of 21 U.S.C. §§ 952 , 960, Vargas was sentenced to 18 months’ custody and two years’ supervised release. Vargas served his custody term and his supervised release was scheduled to expire on August 2, 2003.

On June 12, 2003, Vargas’ probation officer petitioned the district court for a no-bail bench warrant and an order to show cause why supervised release should not be revoked. The factual allegations in the Petition for Warrant or Summons for Offender Under Supervision were not…