United States v. Collazo-Castro, No. 10-1760 (1st Cir. 2011)Annotate this Case
Defendant pled guilty to one count of conspiracy to smuggle illegal aliens into the U.S. (8 U.S.C. 1324(a)(1)(A)(i), (v)(I) and was sentenced to 12 months and one day of imprisonment, followed by three years supervised release. Shortly after defendant's release, her probation officer filed a motion requesting a written reprimand and warning because defendant had tested positive twice for cocaine use. The court never acted on the motion, but defendant entered a treatment program. After she left the treatment program, the probation officer filed another motion, which remained pending until defendant was arrested about four years later. The district court revoked her supervised release and sentenced her to time served and 26 months of additional supervised release. The First Circuit affirmed. The district court had relation-back jurisdiction under the Delayed Revocation Statute, 18 U.S.C. 3583(i), even though the warrant on which defendant was arrested was not based on an oath or affirmation.