United States v. Margarito Murguia-Oliveros, A/K/A Margarito Oliveros Murguia

Margarito Murguia-Oliveros appeals the district court judgment revoking his supervised release and sentencing him to eight months in prison. Murguia-Oliveros claims that the district court lacked jurisdiction to revoke his supervised release because the supervised release term expired before his arrest and revocation hearing. He was arrested pursuant to a warrant based on facts that were not sworn. We have held that under these circumstances, a revocation of supervised release must occur during the term of supervised release. See United States v. Vargas-Amaya, 389 F.3d 901, 907 (9th Cir.2004). We hold that the district court had jurisdiction, because during the term of Murguia-Oliveros’s supervised release he absconded and became a fugitive for a period that tolled the term of supervised release, so that it was still running at the time of the arrest and revocation hearing.

BACKGROUND

The facts are important. Murguia-Ol-iveros was originally convicted of illegal reentry after deportation in 1996. He was sentenced to a term of imprisonment followed by deportation and three years of supervised release. On September 14, 2001, after serving the term of imprisonment, he was released…