Submitted June 7, 2013 [*] Pasadena, California
Appeal from the United States District Court for the Central District of California D.C. No. 8:04-cr-00190-JVS-1 James V. Selna, District Judge, Presiding
Robison D. Harley, Jr., Santa Ana, California, for Defendant-Appellant.
Dennise Willet and Andrew Stolper, Assistant United States Attorneys, United States Attorney's Office, Santa Ana, California, for Plaintiff-Appellee.
Before: Ronald M. Gould and N. Randy Smith, Circuit Judges, and Miranda Du, District Judge. [**]
Affirming a judgment revoking supervised release, the panel held that a term of supervised release is automatically tolled during a period of state custody without a judicial tolling order.
DU, District Judge
This appeal raises the question of whether a term of supervised release is automatically tolled during a period of state custody without a judicial tolling order. Because we answer that it does, we affirm.
Appellant Hares Ajmal Ahmadzai was convicted on June 2, 2008, for violating 18 U.S.C. § 1425(a) and § 1542, which prohibit unlawfully attempting to procure citizenship and making false statements in a passport application. He was sentenced to 51 months in the custody of the Bureau of Prisons ("BOP") followed by three years of supervised release. On February 6, 2009, Ahmadzai was released from BOP custody, but was held in immigration custody until May 18, 2009, when he reported for supervision. However, while on supervised release, Ahmadzai was placed in state custody for a period of over six months, from October 5, 2009 to April 17, 2010. In the absence of tolling, his term of supervision would have expired on February 6, 2012; with tolling, the term would have expired on August 19, 2012.
On June 15, 2012, the district court approved a Petition on Probation and Supervised Release ("the Petition"), which alleged seven violations of release conditions and was supported by a sworn statement, and issued a bench warrant for Ahmadzai to be taken into custody. In the subsequent revocation hearing, Ahmadzai claimed that the approximately six-month period he spent in state custody did not toll his supervision absent a judicial tolling order. As a result, he argued his period of supervised release expired in February 2012, and the district court was without jurisdiction to revoke his supervision. In rejecting this argument, the district court reasoned that state custody automatically tolled Ahmadzai's supervised release term without any ...