Meneely

United States v. Meneely

Good Law
265 F. App'x 476
United States Court of Appeals for the Ninth CircuitJanuary 23, 2008No. 07-50288California291 words

Opinion

lead Opinion

MEMORANDUM ***

Joanne Meneely appeals from the district court’s judgment revoking her term of supervised release and sentencing her to an eleven-month term of imprisonment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

We address Meneely’s jurisdictional argument first. See Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987 , 995 n. 12 (9th Cir.2003) (en banc). The district court had jurisdiction over Meneely’s revocation proceedings. Meneely was arrested during her supervised release term, which was tolled when she entered fugitive status. See United States v. Murguia-Oliveros, 421 F.3d 951, 953-55 (9th Cir.2005); 18 U.S.C. §§ 3606 , 3583(e)(3). Meneely’s argument that she was not a fugitive is foreclosed by Murguia-Oliveros , which held that a failure to comply with the terms of supervised release triggers fugitive status. Id.) see also United States v. Delamora, 451 F.3d 977, 980 (9th Cir.2006). Meneely violated the terms of her supervised release by failing to report to probation within seventy-two hours of her release from custody.

Meneely had actual notice of her seventy-two hour reporting duty. She received an oral advisement to report to…

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