Legal Opinion

United States v. Sullivan

Court of Appeals for the Ninth Circuit

Decided September 28, 2007No. 06-30546PublishedCited by 15 opinions

1Opinion of the Court

GUILFORD, District Judge:

We consider whether Defendanh-Appel-lant Dennis Edward Sullivan (“Sullivan”) was under federal supervised release when he failed a drug test, thus violating his supervised release terms. This determination turns on whether Sullivan’s detention in a Montana community pre-release center (“Pre-Release Center”) was an “imprisonment” under 18 U.S.C. § 3624(e) (“ § 3624(e)”). We conclude that it was not an imprisonment, and the district court therefore lacked jurisdiction because Sullivan’s supervised release had expired.

Facts

Sullivan failed a drug test by testing positive…

2Cases cited15 opinions

  1. Reno v. KoraySupreme Court of the United States · 1995
  2. United States v. JohnsonSupreme Court of the United States · 2000
  3. United States v. Adrian Pielago, Maria VaronaCourt of Appeals for the Eleventh Circuit · 1998
  4. United States v. Dante Vargas-AmayaCourt of Appeals for the Ninth Circuit · 2004
  5. United States v. Bruce Loren LatimerCourt of Appeals for the Ninth Circuit · 1993

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3Cited by15 opinions

  1. United States v. Tyree Neal, Sr.Court of Appeals for the Seventh Circuit · 2016
  2. Rodriguez v. SmithCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. Ignacio JuarezCourt of Appeals for the Ninth Circuit · 2010
  4. United States v. Angelo EarlCourt of Appeals for the Ninth Circuit · 2013
  5. United States v. MillerCourt of Appeals for the Ninth Circuit · 2008

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