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U.S. v. MILLER

No. 07-30481.

547 F.3d 1207 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Richard MILLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2008.

Attorney(s) appearing for the Case

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.

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

PREGERSON, Circuit Judge:

I. Introduction

A. Background

Richard Miller appeals the district court's denial of his "Motion to Dismiss Revocation Petition and Request for Immediate Release from Custody" ("Motion to Dismiss"). Relying primarily on United States v. Sullivan, 504 F.3d 969 (9th Cir. 2007), Miller argues that the district court lacked jurisdiction to revoke his supervised release and sentence...

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