United States v. Melhan ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 20, 2003
Charles R. Fulbruge III
Clerk
No. 02-41794
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS JORGE MELHAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CR-106-2
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Before JONES, WIENER, and BENAVIDES, Circuit Judges
PER CURIAM:*
Jesus Jorge Melhan’s supervised release was revoked, and he
appeals the denial of his motion to dismiss the revocation
petition. Melhan argues that the almost five-year delay in
executing the violator’s warrant violated his Sixth Amendment
right to a speedy trial.
The Sixth Amendment provides an accused the right to a
speedy trial “[i]n all criminal prosecutions[.]” The revocation
of supervised release is not a criminal proceeding. United
*
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that this opinion should not be published and is not precedent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. 02-41794
-2-
States v. Marmolejo, 915 F.2d 981, 983 (5th Cir. 1990). Thus,
“the execution of a warrant for violation of supervised release
is not subject to the Sixth Amendment's speedy trial
requirement.” United States v. Tippens, 39 F.3d 88, 89-90 (5th
Cir. 1994).
AFFIRMED.