United States Ninth Circuit

A decision revoke defendant's supervised release and imposing a new term of imprisonment and supervised release is affirmed over claims that: 1) his right to prompt disposition of the petition to revoke his supervised release was violated by the government's unjustified delays in executing a warrant for his arrest and in bringing him before a judge for his initial appearance; and 2) the procedure for revocation of supervised release is unconstitutional in light of Cunningham v. California.

Appellate Information

• Argued 03/04/2008
• Decided 05/27/2008
• Published 05/28/2008

Judges

• GIBSON, Senior Circuit Judge:, Before:  JOHN R. GIBSON,DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Zandra L. Lopez, Federal Defenders of San Diego, CA, for the defendant-appellant., Karen P. Hewitt, United States Attorney, Randy K. Jones and David P. Curnow, Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee.