Legal Opinion
United States v. Hernandez-Ferrer
Court of Appeals for the First Circuit
Decided March 19, 2010No. 09-1100PublishedCited by 37 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal poses a question of first impression in this circuit: Does a district court have authority to revoke a term of supervised release based on conduct occurring after the scheduled expiration date of the term, where the offender has absconded prior to the expiration date and is not apprehended until some time after committing the alleged violation? Concluding, as we do, that there can be no tolling of the period of supervised release on the basis of fugitive status, we answer this question in the negative. Consequently, we vacate the judgment below and, in the…
2Cases cited23 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. Solomon Bitton Simtob, United States of America v. Solomon Bitton Simtob, AKA Simon SimtobCourt of Appeals for the Ninth Circuit · 2007
- Trenkler v. United StatesCourt of Appeals for the First Circuit · 2001
- United States v. KreitingerCourt of Appeals for the Eighth Circuit · 2009
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3Cited by37 opinions
- Duby v. United States (In Re Duby)Bankruptcy Appellate Panel of the First Circuit · 2011
- Smith v. ME Bureau of Revenue ServicesCourt of Appeals for the First Circuit · 2018
- United States v. BuchananCourt of Appeals for the Fourth Circuit · 2011
- United States v. Tanco-PizarroCourt of Appeals for the First Circuit · 2018
- United States v. Collazo-CastroCourt of Appeals for the First Circuit · 2011
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