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United States v. Morales-Isabarras

United States Court of Appeals, Ninth Circuit

March 13, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
JUAN MORALES-ISABARRAS, AKA Juan Isabanas, AKA Juan Morales, AKA Juan I. Morales, AKA Juan Isaras Morales, AKA Juan Isares Morales, AKA Juan Morales-Isabanas, AKA Manuel Moreles, Defendant-Appellant

Argued and Submitted October 9, 2013, San Francisco, California

Appeal from the United States District Court for the Northern District of California. D.C. No. 4:03-cr-40232-CW-1. Claudia Wilken, Chief District Judge, Presiding.

Angela M. Hansen (argued), Assistant Federal Public Defender; Steven G. Kalar, Federal Public Defender, Oakland, California, for Defendant-Appellant.

Susan B. Gray (argued), Assistant United States Attorney; Melinda Haag, United States Attorney; Barbara J. Valliere, Chief, Appellate Division, San Francisco, California, for Plaintiff-Appellee.

Before: Dorothy W. Nelson, Milan D. Smith, Jr., and Sandra S. Ikuta, Circuit Judges. Opinion by Judge Ikuta.

OPINION

Page 399

IKUTA, Circuit Judge.

In this appeal, Juan Morales-Isabarras challenges the district court's jurisdiction

Page 400

to revoke a term of supervised release after the term had expired, claiming that the delay in adjudicating the charges was not " reasonably necessary," see 18 U.S.C. § 3583(i). We disagree, and affirm the district court.

I

Morales, a resident of Mexico, had a lengthy history of illegal entries into the United States and deportations back to Mexico. Before the illegal reentry at issue, he was deported from the United States on December 15, 1999, February 24, 2001, September 4, 2001, September 26, 2001, October 2, 2001, and May 18, 2003.

On November 6, 2003, Morales again reentered the United States illegally, and was indicted in the Northern District of California on November 20, 2003, on one count of illegal reentry in violation of 8 U.S.C. § 1326. Morales pleaded guilty, and the district court sentenced him to 21 months imprisonment as well as three years of supervised release. The conditions of supervised release prohibited Morales from committing any further federal, state, or local crimes, or reentering the United States " without the express consent of the Secretary of the Department of Homeland Security." The conditions also required that " [u]pon reentry into the United States, whether legally or illegally, during the period of court ordered supervision, the defendant shall report to the nearest U.S. Probation Office within 72 hours." On May 18, 2005, Morales was released from federal custody and deported to Mexico.

After his deportation, Morales again reentered the United States. He was arrested for illegal reentry on August 3, 2006 and indicted in the Southern District of California. The 2006 illegal reentry not only violated ยง 1326, but also violated the conditions of supervised release imposed in connection with the 2003 conviction (to avoid confusion, we refer to this violation as the " 2003 supervised release violation" ). Upon petition by a probation officer, a district court in the Northern District of California issued an arrest warrant for Morales's 2003 supervised release violation. Although ...


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