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U.S. v. GARCIA-RODRIGUEZ

Nos. 09-20406, 09-40635.

640 F.3d 129 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Danilo GARCIA-RODRIGUEZ, also known as Oscar Daniello Mendoza, also known as Roverto Ponse, also known as Carlos Rodriguez, also known as Roberto Perdomo-Ponce, also known as Roberto Perdomo Ponce, also known as Oscar Danilo Rodriguez-Gien, also known as Oscar Danilo Garcia, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Oscar Danilo Garcia-Rodriguez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 2, 2011.

Attorney(s) appearing for the Case

John Richard Berry and James Lee Turner (argued), Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers , Fed. Pub. Def., Laura Fletcher Leavitt (argued), and Molly Estelle Odom , Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before SMITH, DeMOSS and OWEN, Circuit Judges.

PER CURIAM:

The sole issue on appeal is whether the district court had jurisdiction to revoke Oscar Danilo Garcia-Rodriguez's three-year term of supervised release in Case No. 09-40635.1 Resolution of this issue depends on the date on which Garcia was "released from imprisonment" pursuant to 18 U.S.C. § 3624(e). We hold that he was released from imprisonment the moment his administrative detention began, i.e., the moment he was transferred...

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