United States v. Grant, No. 12-50209 (9th Cir. 2013)
Annotate this CaseDefendant pleaded guilty to knowingly filing false federal income tax returns. On appeal, defendant challenged the district court's revocation of her probation. The court concluded that the record demonstrated defendant's fugitive status. Because defendant's fugitive status tolled her Probation Term from July 2010 until she was found and arrested by federal authorities in April 2012, the time added to her Probation Term extended it well beyond its original expiration date. Consequently, the Revocation hearing occurred during defendant's Probation Term and the district court had jurisdiction to revoke defendant's probation. Accordingly, the district court did not abuse its discretion in sentencing defendant and the court affirmed the judgment of the district court.
Court Description: Criminal Law. The panel affirmed a judgment revoking probation and the sentence imposed upon revocation. The panel held that the district court had jurisdiction to revoke the defendant’s probation beyond the original expiration date because the defendant’s failure to inform her probation officer that she had moved her residence, as required by the terms of probation, rendered her a fugitive, tolling her probation term. The panel rejected the defendant’s argument that a letter she sent to the district court, which contained a different address and phone number than the one in probation’s records, precludes her from being a fugitive. The panel concluded that the sentence was procedurally and substantively reasonable.
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