U.S. v. DELAMORA

No. 05-50589.

451 F.3d 977 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Jose DELAMORA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2006.


Attorney(s) appearing for the Case

Debra Wong Yang, United States Attorney; Thomas P. O'Brien, Assistant United States Attorney, Chief, Criminal Division; Michael J. Raphael, Assistant United States Attorney, Deputy Chief, Criminal Appeals Section, Los Angeles, CA.

Maria E. Stratton, Federal Public Defender; Davina T. Chen, Deputy Federal Public Defender, Los Angeles, CA.

Before DONALD P. LAY, SILVERMAN, and McLANE WARDLAW, Circuit Judges.


SILVERMAN, Circuit Judge.

We hold today that a defendant's term of supervised release is tolled from the time that he absconds from supervision until the time he is found by federal authorities. Accordingly, the district court in this case had jurisdiction to conduct revocation proceedings because a sworn petition to revoke was filed before the term of supervised release, as tolled, had expired.

I. FACTS AND PROCEDURAL BACKGROUND

In April 1987, Jose...

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