Legal Opinion
United States v. Peter Pocklington
Court of Appeals for the Ninth Circuit
Decided July 2, 2015No. 13-50461PublishedCited by 11 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
The Violent Crime Control and Law Enforcement Act of 1994 conditions the “power of the court” to adjudicate probation violations after the probation period expires on the issuance of “a warrant or summons” before the expiration date. 18 U.S.C. § 3565(c). In this appeal, we consider the court’s authority to retroactively revoke probation and impose a criminal sentence after the period of probation has expired. We hold that § 3565(c) is jurisdictional and that when Congress used the words “warrant or summons,” it meant them. Close enough doesn’t fly under the…
2Cases cited23 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
- Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
- United States v. CottonSupreme Court of the United States · 2002
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Alfred Garcia-RiveraCourt of Appeals for the Ninth Circuit · 2003
- United States v. Yijun ZhouCourt of Appeals for the Ninth Circuit · 2016
- United States v. EdwardsCourt of Appeals for the Second Circuit · 2016
- Duggan v. CommissionerCourt of Appeals for the Ninth Circuit · 2018
- United States v. Peter PocklingtonCourt of Appeals for the Ninth Circuit · 2016
6 more not listed; retrieve them via the Exa API.