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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The District Court's indication of the sentence it would impose before the defendant allocuted was not reversible plain error.
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