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95 F.3d 1160
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Craig D. THOMPSON, Defendant-Appellant.No. 95-30365.
United States Court of Appeals, Ninth Circuit.
Submitted Aug. 9, 1996.*
Decided Aug. 27, 1996.Before: ALARCON, NORRIS, and KLEINFELD, Circuit Judges.
1MEMORANDUM**
2At the time the district court decided this case, the question of law was open, but it has since been decided by United States v. Blake, 88 F.3d 824 (9th Cir.1996). Under Blake, indistinguishable factually from the case at bar, Thompson's supervised release term must be treated as having begun on the date his term of imprisonment should have ended pursuant to the retroactive amendment to U.S.S.G. § 2D1.1:
3We conclude that, while the statutory scheme is not crystal clear, the supervised release portion of the sentence begins on the date a prisoner's term of imprisonment expires, whether or not he is released on that date. The appellants' terms of supervised release began on the dates appellants should have been released, rather than on the dates of their actual release.
4Id. at 825.
5Accordingly, the district court order of November 14, 1995, is VACATED, and the case is REMANDED for modification of the beginning date of appellant's period of supervised release. The term of supervised release must begin on the date appellant would have been released under the retroactively amended Guideline.
6The Clerk of Court shall cause the mandate to issue forthwith.
Document Info
Docket Number: 95-30365
Filed Date: 8/27/1996
Precedential Status: Non-Precedential
Modified Date: 12/22/2014