Nnanna

United States v. Nnanna

Good Law
281 F. App'x 708
United States Court of Appeals for the Ninth CircuitJune 5, 2008No. 07-50326California705 words

Opinion

Lead Opinion

MEMORANDUM **

The facts and procedural posture of this case are familiar to the parties and we do not repeat them here. Barry Nnanna appeals the district court’s revocation of his supervised release as well as the reasonableness of the sentence imposed upon revocation of supervised release. We affirm.

Under 18 U.S.C. § 3583 (i), a district court has power to revoke a term of *710 supervised release for a reasonable period of time after the éxpiration of the term of supervised release when: (1) the alleged violation of supervised release occurred before the expiration of the term of supervised release; and (2) a warrant or summons has been issued, before the expiration of the term of supervised release, on the basis of an allegation of a violation of the supervised release. Nnanna’s supervised release expired on June 8, 2007. The district court revoked Nnanna’s supervised release on July 9, 2007. 1 The district court thus had power to revoke Nnanna’s supervised release only if a summons or warrant issued prior to June 8, 2007, as required by § 3583(i).

Federal Rule of Criminal Procedure 4(b) describes the form that a summons must take. See 18 U.S.C. § 3046 ; Fed.R.CrimP. 4(b).…

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