United States v. Clifton Cloyd ( 2018 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-2748
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Clifton Cloyd, also known as Clifton Omar, also known as Omar Muhamed
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Western District of Missouri - Kansas City
    ____________
    Submitted: May 14, 2018
    Filed: May 17, 2018
    [Unpublished]
    ____________
    Before WOLLMAN, BOWMAN, and BENTON, Circuit Judges.
    ____________
    PER CURIAM.
    Clifton Cloyd, proceeding pro se, directly appeals the revocation of his
    supervised release, challenging the district court’s1 jurisdiction. We conclude that the
    1
    The Honorable Beth Phillips, United States District Judge for the Western
    District of Missouri.
    district court had jurisdiction to revoke Cloyd’s supervised release because his term
    of supervised release had not expired when the court issued the revocation warrant.
    See 
    18 U.S.C. § 3583
    (i); United States v. Hacker, 
    450 F.3d 808
    , 814-15 (8th Cir.
    2006) (de novo review; finding that district court had jurisdiction to revoke
    supervised release where revocation warrant was issued one day before
    supervised-release term expired); see also United States v. Merlino, 
    785 F.3d 79
    , 87
    n.5 (3d Cir. 2015) (noting that issuance of warrant, even if not executed or served
    prior to expiration of release, satisfies § 3583(i)).
    The judgment is affirmed.
    ______________________________
    -2-
    

Document Info

Docket Number: 17-2748

Filed Date: 5/17/2018

Precedential Status: Non-Precedential

Modified Date: 4/17/2021