520 F. App'x 617
9th Cir.2013Background
- Williams appeals a district court revocation of his supervised release, arguing the court lacked jurisdiction because his supervision term had expired before the revocation based on the alleged violation.
- At the May 10, 2011 revocation hearing the district court assumed jurisdiction under a December 22, 2003 bench warrant under 18 U.S.C. § 3583(i).
- This Court previously reversed and remanded for evidence on whether jurisdiction could rest on two periods of fugitive tolling due to deportation or fugitive status.
- On remand the district court held Williams was a fugitive and tolled supervised release from December 1, 1999 to May 27, 2001 and from September 7, 2003 to March 9, 2009, thereby preserving jurisdiction to revoke.
- The panel reverses, holds the first tolling period (Dec 1, 1999–May 27, 2001) did not occur because Williams properly remained subject to supervision despite deportation, and thus there was no jurisdiction for revocation absent tolling.
- We vacate Williams’s sentence and reverse the district court’s judgment; the case is not resolved on other issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to revoke supervised release | Williams | Government | No jurisdiction absent fugitive tolling for Dec 1999–May 2001 |
| Fugitive tolling for timing of deportation | Williams | Government | First tolling period improperly found; deportation tolling not applicable for that interval |
| Burden of proof on tolling grounds | Williams | Government | Government failed to prove tolling for the disputed period; burden on government |
| Standard of review for revocation jurisdiction | — | — | Reviewed de novo; jurisdiction determined as a matter of law |
Key Cases Cited
- Mrvica v. Esperdy, 376 U.S. 560 (1964) (deportation and presence outside the U.S. tolling considerations)
- Ignacio Juarez v. United States, 601 F.3d 885 (9th Cir. 2010) (burden to prove jurisdiction; tolling when deported and absconding rules)
- United States v. Murguia-Oliveros, 421 F.3d 951 (9th Cir. 2005) (tolling during deportation/absence under supervision)
- United States v. Sumner, 226 F.3d 1005 (9th Cir. 2000) (burden of establishing jurisdiction rests with the party asserting it)