United States v. Vallee
677 F.3d 1263
9th Cir.2012Background
- Vallee was in the final month of a 26-month supervised release term when arrested for drunk driving.
- On April 6, 2010, four days before expiration, probation officer filed a petition to revoke supervised release.
- A judge signed the petition that day and ordered issuance of a summons; a deputy clerk signed and issued the summons, but the judge did not sign the summons.
- Vallee failed to appear at the preliminary hearing and was arrested eleven months later on a bench warrant.
- Vallee moved to dismiss the petition, arguing lack of a judge’s signature; the district court denied; after admitting violations, Vallee was sentenced to 12 months in prison and no further supervision; the Ninth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does clerk-signed summons extend jurisdiction under §3583(i)? | Vallee contends summons must be signed by a judge; clerk sign is insufficient. | Government argues summons signed by a clerk at the judge's direction extends jurisdiction. | Yes; clerk-signed summons issued at judge's direction suffices. |
| Is §3606/§3583(i) silent on who must sign warrants for revocation; does Rule 9 control? | Vallee relies on requirement of a judge's signature. | Government notes no requirement in statutes for judge's signature; Rule 9 applies variably. | Statutes do not require judge signature; clerk signature permissible. |
| Does Rule 9 dictate that all summonses must be signed by a clerk or a judge in this context? | Vallee argues Rule 9-like practice is not controlling here. | Government argues Rule 9 supports clerk-signed summons for petitions to revoke supervised release. | Rule 9 supports clerk issuance for this context; not all summonses require judge signature. |
| Should we follow Hondras and Giwa regarding clerk-signed summonses for revocation petitions? | Vallee cites limits of clerk-signed process. | Government aligns with Hondras/Giwa to uphold clerk-signed summons. | We adopt Hondras/Giwa approach; clerk-signed summons valid. |
Key Cases Cited
- United States v. Hondras, 296 F.3d 601 (7th Cir. 2002) (clerk-signed arrest warrant valid to extend jurisdiction; no required judge signature)
- United States v. Giwa, 617 F. Supp. 2d 1086 (D. Nev. 2007) (district court allowed clerk-signed warrant; consistent with Rule 9)
- United States v. Nnanna, 281 Fed.Appx. 708 (9th Cir. 2008) (summons compliance with Rule 4 discussed; context separate from signature issue)
- Miles v. Apex Marine Corp., 498 U.S. 19 (U.S. 1990) (Congress presumed aware of existing law when enacting statutes)