U.S. v. AHMADZAI

No. 12-50389.

723 F.3d 1089 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Hares Ajmal AHMADZAI, aka Ajmal Hakim Ahmadzai, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2013.


Attorney(s) appearing for the Case

Robison D. Harley, Jr. , Santa Ana, CA, for Defendant-Appellant.

Dennise Willet and Andrew Stolper , Assistant United States Attorneys, United States Attorney's Office, Santa Ana, CA, for Plaintiff-Appellee.

Before: RONALD M. GOULD and N. RANDY SMITH, Circuit Judges, and MIRANDA DU, District Judge.


OPINION

DU, District Judge:

This appeal raises the question of whether a term of supervised release is automatically tolled during a period of state custody without a judicial tolling order. Because we answer that it does, we affirm.

I. BACKGROUND

Appellant Hares Ajmal Ahmadzai was convicted on June 2, 2008, for violating 18 U.S.C. § 1425(a) and § 1542, which prohibit unlawfully attempting to procure citizenship and making false...

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