The Ninth Circuit Court of Appeals today released an opinion in USA v. SULLIVAN, No. 06-30546, a criminal appeal. The panel consisted of Alex Kozinski and Raymond C. Fisher, Circuit Judges, and Andrew J. Guilford, District Judge.
GUILFORD, District Judge:
We consider whether Defendant-Appellant Dennis Edward Sullivan (”Sullivan”) was under federal supervised release when he failed a drug test, thus violating his supervised release terms. This determination turns on whether Sullivan’s detention in a Montana community pre-release center (”PreRelease Center”) was an “imprisonment” under 18 U.S.C. Â§ 3624(e) (”Â§ 3624(e)”). We conclude that it was not an imprisonment, and the district court therefore lacked jurisdiction because Sullivan’s supervised release had expired. Facts Sullivan failed a drug test by testing positive for marijuana on August 24, 2006. The United States District Court for the District of Montana ruled this was a violation of Sullivan’s supervised release, finding that it had not expired. This supervised release arose from a 1998 federal conviction for posses. . .