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United States First Circuit

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US v. Hernandez-Ferrer, 09-1100

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Judgment of the district court is vacated and remanded as it does not have the authority to revoke a term of supervised release based on conduct occurring after the scheduled expiration date of the term, where the defendant has absconded prior to the expiration date and is not apprehended until some time after committing the alleged violation, as there can be no tolling of the period of supervised release on the basis of fugitive status.

Appellate Information

  • Decided 03/19/2010
  • Published 03/22/2010

Court

  • United States First Circuit

Counsel

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