Minehart

United States v. Minehart

Good Law
164 F. App'x 619
United States Court of Appeals for the Ninth CircuitJanuary 26, 2006No. 05-30292California324 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Mark E. Minehart appeals the district court’s orders (1) denying Mine-hart’s motion to continue his hearing to *620 revoke his supervised release and (2) revoking such release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Minehart argues the district court erred when it revoked his supervised release because at that time he was not subject to the conditions of his supervised release. Minehart contends the district court earlier had modified his sentence under 18 U.S.C. § 3582 (c) when it had credited his time at liberty toward his federal sentence under Clark v. Floyd, 80 F.3d 371 (9th Cir.1996), eliminating his term of federal imprisonment. Because supervised release can be imposed only after release from federal prison, see 18 U.S.C. § 3583 (a), he claims that he was ineligible for supervised release at the time the district court modified his sentence.

We disagree. The district court did not modify Minehart’s sentence; he was subject to his original sentence that included a term of supervised release. What the district court did was to credit Minehart’s time at liberty, due to his guardian’s slip-up, as if he had been in prison.…

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