UNITED STATES v. CLOYD (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Clifton CLOYD, also known as Clifton Omar, also known as Omar Muhamed, Defendant-Appellant.

No. 17-2748

Decided: May 17, 2018

Before WOLLMAN, BOWMAN, and BENTON, Circuit Judges.

Clifton Cloyd, El Reno, OK, pro se. Jess E. Michaelsen, Asst. U.S. Atty., Kansas City, MO (Thomas M. Larson, Acting U.S. Atty., on the brief), for appellee.

[Unpublished]

Clifton Cloyd, proceeding pro se, directly appeals the revocation of his supervised release, challenging the district court’s ¹ jurisdiction. We conclude that the district court had jurisdiction to revoke Cloyd’s supervised release because his term of supervised release had not expired when the court issued the revocation warrant. See 18 U.S.C. § 3583(i); United States v. Hacker, 450 F.3d 808, 814-15 (8th Cir. 2006) (de novo review; finding that district court had jurisdiction to revoke supervised release where revocation warrant was issued one day before supervised-release term expired); see also United States v. Merlino, 785 F.3d 79, 87 n.5 (3d Cir. 2015) (noting that issuance of warrant, even if not executed or served prior to expiration of release, satisfies § 3583(i) ).

The judgment is affirmed.

FOOTNOTES

1. The Honorable Beth Phillips, United States District Judge for the Western District of Missouri.

PER CURIAM.

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