United States v. Gabriel Garcia-Ocampo

MEMORANDUM

Gabriel Humberto Garcia-Ocampo appeals the revocation of his term of supervised release, arguing the district court had no jurisdiction to revoke supervised release. He also challenges the procedural reasonableness of the sentence imposed. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse, vacate Garcia-Ocam-po’s sentence, and remand to the district court for further proceedings.

1. The district court found it had jurisdiction to revoke the term of supervised release, because the delay in revocation proceedings was reasonably necessary. On de novo review, we find that the delay after Garcia-Ocampo was taken into state custody in 2009 was reasonably necessary. 18 U.S.C. § 3583 (i); see United States v. Garrett, 253 F.3d 443, 449-50 (9th Cir. 2001). However, we cannot tell whether the eighteen-month delay prior to that time was reasonably necessary. See Garrett, 258 F.3d at 449-50.

The Government argued in the district court that the fugitive tolling doctrine should apply to extend the term of Garcia-Ocampo’s supervised release past its original end date. At oral argument, the Government argued that the fugitive tolling doctrine could prevent the term of…