United States Ninth Circuit

Denial of defendant's "Motion to Dismiss Revocation Petition and Request for Immediate Release from Custody" is affirmed where: 1) the district court correctly found that the time that defendant spent at a county jail constituted "imprisonment," and not, as he argued, supervised release; 2) thus, his supervised release term did not start until his release from the jail work release program; and 3) as a result, the district court did have jurisdiction to revoke his supervised release and impose sentence on him.

Appellate Information

• Argued 08/06/2008
• Decided 11/07/2008
• Published 11/07/2008

Judges

• PREGERSON, Circuit Judge:, Before:  HARRY PREGERSON, WILLIAM C. CANBY, JR., and JOHN T. NOONAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Nicolas V. Vieth, Federal Defender Services of Idaho, for the defendant-appellant., Thomas E. Moss, United States Attorney;  Michelle R. Mallard, Assistant United States Attorney, United States Attorney's Office, for plaintiff-appellee.