United States v. Pocklington

The Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. 3565(c), conditions the “power of the court” to adjudicate probation violations after the probation period expires on the issuance of “a warrant or summons” before the expiration date. The court held that section 3565(c) is jurisdictional and that when Congress used the words “warrant or summons,” it meant them. If the government suspects wrongdoing and wants to extend the probation period, section 3565(c) provides easy-to-follow instructions: get a warrant or summons before the probation expires. Because the government did not do so, the district court lacked jurisdiction to extend defendant's probation beyond its termination date. Accordingly, the court reversed and vacated the district court’s post-termination order revoking defendant’s probation and imposing penalties for purported probation violations. View "United States v. Pocklington" on Justia Law