Moore: Timing of supervised release summons

In U.S. v. Moore, No. 04-16555 (March 22, 2006), the Court affirmed an eighteen-month sentence for a violation of supervised release. In a case proving that timing is everything, the Court ruled that the district court issued a valid summons for violation of supervised relase, under 18 U.S.C. § 3583(i), on the last day of the defendant's five-year term of supervised release. Specifically, the district court ordered issuance of the sumons on June 9, 2004, the same day the probation office petitioned the court to issue a summons. On June 10, 2004, the last day of Moore's five-year term of supervised release, the clerk of court signed a summons for Moore's appearance. The Court affirmed the district court's finding that the summons was issued on June 10, 2004 and that the district court thus had jurisdiction. The Court also rejected arguments that the district court considered improper evidence or that it abused its discretion in imposing an eighteen-month sentence.