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Showing posts from May, 2015

Supervised release provision requiring warrant or summons to issue before expiration of term is jurisdictional.

United States v. Merlino, No. 14-4341, 2015 WL 2059594 (3d Cir. May 5, 2015).In this appeal, involving the reputed former head of the Philadelphia La Cosa Nostra, the Court decided that 18 U.S.C. § 3583(i) is a jurisdictional statute requiring that a warrant or summons must issue before the expiration of supervised release in order for a District Court to conduct revocation proceedings. Because the summons here was issued after the termination of supervised release, the Court concluded that the District Court lacked subject-matter jurisdiction to revoke supervised release, it vacated the order revoking supervised release and imposing a prison term on Merlino (note:Merlino had commenced serving his 4-month term on January 15, 2015).
Merlino’s three-year term of supervised release began on September 7, 2011. On June 18, 2014, law enforcement saw him at a cigar bar in Boca Raton, Florida, talking with several convicted felons, including a former co-defendant.Probation concluded this viola…