Thomas

United States v. Thomas

Good Law
225 F. App'x 586
United States Court of Appeals for the Ninth CircuitMarch 19, 2007No. 06-10283California373 words

Opinion

Lead Opinion

MEMORANDUM *

Sylvester Thomas appeals his sentence of 18 months’ imprisonment and 60 *587 months’ supervised release, imposed upon revocation of his supervised release. 18 U.S.C. § 3583 (e). We affirm.

I

Thomas contends that the district court was without jurisdiction to revoke supervised release because the original sentencing judge, Judge Manuel Real of the Central District of California, had retained jurisdiction. However, a close reading of the transfer form indicates that Judge Real was attempting to retain jurisdiction over changes to “the period” of Thomas’s term of supervised release. A decision to revoke supervised release for violation of conditions is not the same thing as a decision to change the period of supervised release. In short, by the very terms of the transfer order, Judge Real did not even attempt to retain jurisdiction over revocation proceedings. The District of Arizona therefore had jurisdiction to revoke Thomas’s supervised release and to resentence him. Given this result, we need not-and do not-reach the question of whether Judge Real had the power to retain jurisdiction over revocation proceedings after issuing a transfer order.

II

Under our…

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