Vallee

United States v. Vallee

Good Law
677 F.3d 1263·2012 WL 1626695·2012 U.S. App. LEXIS 9506
United States Court of Appeals for the Ninth CircuitMay 10, 201211-30131California1,674 words

Opinion

Opinion

Callahan, J.

Defendant-Appellant Michael Vallee (“Vallee”) appeals the denial of his motion to dismiss the government’s petition to revoke supervised release, asserting that the district court lacked jurisdiction to revoke his supervised release. Under 18 U.S.C. § 3583 (i), a court’s jurisdiction to revoke a term of supervised release and impose incarceration or additional supervised release can be extended beyond the date that the supervised release term was set to expire if a valid warrant or summons is issued prior to the date of expiration. Vallee argues that, because the summons issued by the court was not signed by a judge, it was not sufficient to extend the court’s jurisdiction beyond the April 10, 2010 supervised release expiration date under 18 U.S.C. § 3583®. We hold that a summons based on a petition to revoke supervised release is valid to extend jurisdiction under 18 U.S.C. § 3583® when it is signed and issued by a clerk at the direction of a judge. We accordingly affirm.

I

Vallee was serving the final month of a twenty-six-month term of supervised release when he was arrested for drunk driving, a violation of the conditions of his supervised release. On April 6, 2010,…

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