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United States v. Crisler,
No. 07-2072 (10th Cir., August 8, 2007) (Published): Supervised Release: Crisler pleaded guilty in New Mexico to False Personation of an Officer of the United States and was sentenced to three years probation. A special condition was that he was not to possess or consume alcohol. A probation officer filed a petition alleging that Crisler had violated this rule. The District Court held a hearing and found that Crisler had in fact violated his probation, but did not revoke; choosing instead to hold the petition in abeyance for five months and impose new conditions. Another petition to revoke was filed, but this one after the probation term had ended (but Crisler was sentenced to 90 days). HELD: The District Court was without authority to revoke because the probation period had ended and there was no showing that either the delay in revocation beyond the time period was reasonably necessary or that a warrant or summons was issued before the expiration date.
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United States v. Redcap,
No. 07-4068 (10th Cir., November 5, 2007) (Published): Supervised Release: Redcap entered a guilty plea to Voluntary Manslaughter and was sentenced to 120 months followed by 36 months of supervised release. After serving the prison time, Redcap violated the conditions of supervised release by consuming alcohol. The District Court revoked the supervised release and sentenced Redcap to 13 months in prison and 11 months of supervised release. This sentence was a departure from the Chapter 7 policy recommendation of 4-10 months. Redcap objected to the sentence because he was not given notice by the District Court that it intended to "depart." Held: no notice is required under circuit precedent and the panel cannot overrule prior case law from another panel.
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