United States v. McCall ( 2004 )

NOT RECOMMENDED FOR PUBLICATION
File Name: 04a0060n.06
Filed: November 1, 2004
No. 03-1948
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee )
)
v. ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR THE
LEONARD McCALL, ) EASTERN DISTRICT OF MICHIGAN
)
Defendant-Appellant )
)
)
BEFORE: MERRITT, DAUGHTREY and SUTTON, Circuit Judges.
PER CURIAM. This appeal from a judgment revoking the federal term of supervised
release of the defendant, McCall, raises the question of whether due process forbids a delay in the
issuance of a warrant for violation of supervised release while the defendant remains in state
custody. McCall concededly violated his federal parole in connection with the state crime of
receiving and concealing stolen property for which he was sentenced to state custody. The U.S.
Probation Office requested issuance of a parole violations warrant on November 8, 2001. The
warrant was not served until June 6, 2003, when McCall was released by the state. A hearing was
conducted thereafter. McCall argues that this delay violates due process. U.S. v. Throneburg, 87
F.3d 851, 853 (6th Cir. 1996), rejects this very argument in a case in which there was a delay of two
No. 03-1948
United States v. McCall
years while the defendant served his state term for a crime which gave rise to the federal parole
violation.
McCall also argues that the record below supports a finding that the District Judge was
unfamiliar with the federal sentencing guidelines and did not know that the guidelines are advisory
only with respect to sentencing for parole violations. To the contrary, McCall’s own lawyer advised
the District Court at Appendix page 69 that the guideline range is advisory only.
Accordingly, the judgment of the district court is AFFIRMED.
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