United States Ninth Circuit

A sentence for violating the terms of defendant's supervised release is reversed as he was not under federal supervised release when he failed a drug test because his detention in a Montana community pre-release center was not an "imprisonment" under 18 U.S.C. section 3624(e), and thus, his supervised release period expired before the Probation Office filed the petition for revocation at issue.

Appellate Information

• Argued 04/12/2007
• Decided 09/28/2007
• Published 09/28/2007

Judges

• GUILFORD, District Judge:, Before:  ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges, and ANDREW J. GUILFORD, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David F. Ness, Assistant Federal Public Defender, and Anthony R. Gallagher, Chief Federal Defender, Billings, MT, for the defendant-appellant., Eric B. Wolff, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.