Sunday, July 09, 2017

Jurisdiction for revocation of supervised release where revocation also imposed in other District on concurrent case and local Probation Office was not supervising releasee


In United States v. Johnson, 2017 WL 2819210 (June 30, 2017), http://www2.ca3.uscourts.gov/opinarch/163268p.pdf, the Third Circuit rejected two jurisdictional challenges to a revocation proceeding in one District where the defendant was also concurrently supervised and revoked in another District. For separate federal offenses in the Middle District of Florida and Virgin Islands, Johnson was serving two concurrent terms of supervised release. He was living in and supervised by the Middle District of Florida and had no contact with the Probation Office in the Virgin Islands. He committed a new offense in Florida and the Middle District revoked his supervised release. Johnson challenged revocation proceedings in the Virgin Islands. The Third Circuit found that the Virgin Islands maintained jurisdiction. It joined the Second and Fifth Circuits in finding that concurrent terms of supervised release do not merge: the term of supervised release in the Virgin Islands was not constructively discharged by revocation in Florida and Florida would not have jurisdiction to discharge the Virgin Islands supervised release absent formal transfer of supervision under 18 U.S.C. § 3605. The Third Circuit also found that the inaction of the Probation Office in the Virgin Islands in supervising Johnson in Florida did not cut short the District Court’s jurisdiction over revocation of supervised release.

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