United States Ninth Circuit

District court's order retroactively revoking a defendant's probation and imposing penalties for purported probation violations is reversed where the Violent Crime Control and Law Enforcement Act, 18 U.S.C. section 3565(c), which conditions the "power of the court" to adjudicate probation violations after the probation period expires on the issuance of "a warrant or summons" before the expiration date, is jurisdictional, and because the government did not get a warrant or summons before the defendant’s probation expired, the district court lacked jurisdiction to extend the defendant’s probation beyond its termination date.

Appellate Information

• Decided 07/02/2015
• Published 07/02/2015

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel