United States v. Islam, No. 18-3003 (D.C. Cir. 2019)Annotate this Case
Defendant argued that the lag between his January 2017 arrest and his December 2017 revocation hearing violated both due process and Federal Rule of Criminal Procedure 32.1(a)(1). The DC Circuit agreed with the government and held that defendant forfeited his right to appeal the district court's decision rejecting these claims by failing to object to the magistrate judge's adverse recommendation. Furthermore, because Rule 59(b)(2) was not cast in jurisdictional terms, the courts have discretion to excuse a waiver under the rule. In this case, the district court did not excuse his waiver and defendant's due process argument was without merit. Alternatively, the court declined to remand for an evidentiary hearing on two claims alleging ineffective assistance of counsel during the revocation proceedings.