Knighten-El
United States v. Knighten-El
Opinion
Lead Opinion
MEMORANDUM **
Theodore Knighten-El appeals the district court’s judgment revoking his supervised release. He asserts that a four-month detention prior to his revocation hearing deprived the district court of jurisdiction over the revocation petition, and *780 violated his due process rights. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.
We first note that, despite his release from custody, the length of Knighten-El’s supervised release term is still at issue and thus this appeal is not moot. See United States v. Verdin, 243 F.3d 1174 (9th Cir.2001). We are not persuaded by Knight-en-El’s contention that the district court lacked jurisdiction over his revocation proceeding because of the four-month delay between his arrest and revocation hearing. His reliance on United States v. Hill, 719 F.2d 1402 (9th Cir.1983), is misplaced. Unlike in Hill (a probation case), Knight-en-El’s violation was adjudicated well within the period of supervised release and, consequently, the district court retained jurisdiction over his revocation proceeding. Cf. United States v. Neville, 985 F.2d 992 (9th Cir.1993).