United States v. Joseph Merlino
Court of Appeals for the Third Circuit
1ConcurrenceAmbro, Circuit Judge
Does the deadline to issue a warrant or summons under 18 U.S.C. § 3583(i) limit the subject-matter jurisdiction of the district court to revoke supervised release after the end of the supervision period, or does it merely limit the court’s remedial power to do so? The great weight of circuit court authority supports the conclusion that the deadline is jurisdictional. Moreover, “statutes conferring jurisdiction on federal courts are to be strictly construed, and doubts resolved against federal jurisdiction.” Boelens v. Redman Homes, Inc., 748 F.2d 1058, 1067 (5th Cir.1984); F & S Constr. Co.…
2Cases cited52 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Gonzalez v. ThalerSupreme Court of the United States · 2012
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
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