Legal Opinion

United States v. Joseph Merlino

Court of Appeals for the Third Circuit

Decided May 5, 2015No. 14-4341PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

VANASKIE, Circuit Judge.

At issue on this appeal is whether a District Court has jurisdiction to revoke supervised release when neither an arrest warrant nor a summons concerning an alleged violation of supervised release was *81issued before the term of supervised release expired. We hold that 18 U.S.C. § 3583® is a jurisdictional statute requiring that a warrant or summons must issue before the expiration of supervised release in order for a District Court to conduct revocation proceedings. Because the summons in this matter was issued after the termination of supervised…

2Cases cited25 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Gonzalez v. ThalerSupreme Court of the United States · 2012
  4. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  5. Bowles v. RussellSupreme Court of the United States · 2007

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3Cited by17 opinions

  1. United States v. Apple Macpro Computer Apple MaCourt of Appeals for the Third Circuit · 2017
  2. United States v. William TysonCourt of Appeals for the Third Circuit · 2020
  3. United States v. Donte IslandCourt of Appeals for the Third Circuit · 2019
  4. United States v. Peter PocklingtonCourt of Appeals for the Ninth Circuit · 2015
  5. United States v. William BlockCourt of Appeals for the Seventh Circuit · 2019

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