United States v. Dale Manning

Good Law
704 F.3d 584·2012 WL 5871715·2012 U.S. App. LEXIS 24040
United States Court of Appeals for the Ninth CircuitNovember 21, 201211-30150California1,285 words

Opinion

Opinion

Dale Wayne Manning pleaded guilty to possession and transportation of child por nography. In March 2010, the district court sentenced him to 11 years in prison, but let him continue his pretrial release pending a voluntary surrender date of June 1. Later in March, Pretrial Services Officer Nicholas Stranieri got a tip that Manning had borrowed some guns from his brother and might still have them, in violation of his terms of release. Stranieri asked Manning about the guns, and Manning said he’d returned them as soon as he began pretrial release. A week later, Stranieri again asked Manning about the guns. Manning initially stuck to his story but eventually admitted he’d had the guns for the past six months and returned them only recently. Stranieri advised Manning to call his lawyer, as he’d violated his terms of release.

A few days later, Stranieri recommended that the district court revoke Manning’s pretrial release. The court scheduled a revocation hearing and notified Manning through his attorney, but Manning didn’t show up. Soon after-wards, he was arrested in Mexico and expelled to the United States. He pleaded guilty to being a felon in possession of a firearm, in…

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