United States v. Janvier, No. 08-5978-cr (2d Cir. March 26, 2010)(Jacobs, Lynch, CJJ, Restani JCIT)
On July 21, 2008, the last day of Janvier’s three-year supervised release term, the probation department submitted a petition to the district court alleging that Janvier had violated the conditions of his supervised release. That same day, the court checked the box on the probation form ordering the “[i]ssuance of a [w]arrant.” The warrant did not actually issue, however, until July 23, 2008. When Janvier appeared in court on the petition he argued that the court lacked jurisdiction to revoke his release because his supervised release term had already expired. The district court disagreed and, after he admitted violating his supervised release, sentenced him to five months’ imprisonment to be followed by thirty-one additional months of supervised release.
On appeal, the circuit reversed based on the “plain language of the governing statute” which only extends …