United States v. Johnson ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 19, 2005
Charles R. Fulbruge III
Clerk
No. 05-60155
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MICHAEL L JOHNSON
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:99-CR-19-DCB
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Before KING, Chief Judge, and SMITH and GARZA, Circuit Judges.
PER CURIAM:*
Michael L. Johnson appeals following the revocation of his
supervised release and the sentence imposed following his guilty
plea conviction for being a felon in possession of a firearm. We
affirm.
Johnson argues that the district court lacked jurisdiction
to revoke his supervised release. He contends that at the time
he allegedly violated the terms of his release he was under the
jurisdiction of the Mississippi Department of Corrections
(“MDOC”) as a participant in the MDOC’s Earned Release
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-60155
-2-
Supervision (“ERS”) Program and that his federal supervised
release had not yet commenced.
We review de novo a district court’s jurisdiction to revoke
supervised release. United States v. English, 400 F.3d 273, 275
(5th Cir. 2005). We conclude from a plain reading of the
relevant statutes that Johnson’s federal supervised release
commenced when he was released from confinement to the ERS
program, and the district court did not lack jurisdiction to
revoke the supervised release. See 18 U.S.C. § 3624(e); MISS.
CODE ANN. § 47-5-138; cf. United States v. Lynch, 114 F.3d 61, 63-
64 (5th Cir. 1997).
AFFIRMED.