UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
April 9, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
MICHAEL ALPHONCE GUEDEA, DEFENDANT.
The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge
ORDER DENYING MOTION FOR FINAL DISPOSITION OF SUPERVISED RELEASE VIOLATION
Doc. No. 30
Defendant Michael Alphonce Guedea, presently incarcerated at the Arizona State Prison-Kingman Complex pursuant to a state conviction, moves for a speedy disposition of a detainer lodged against him for violation of the terms of supervised release imposed in relation to the above identified action. (Doc. No. 30).
The court denies Defendant's motion for a final disposition of any federal supervised release violation. While a federal detainer has been lodged against Defendant, he is not presently in custody on the warrant for a supervised release violation. Rather, Defendant is in custody pursuant to a sentence imposed in a separate case. Consequently, Federal Rule of Criminal Procedure 32.1 does not apply to Defendant. Further, Defendant cannot demonstrate any prejudice if a revocation hearing is conducted after he completes the custodial sentence in the Arizona case because the delay in the revocation hearing is due solely to his own conduct. See United States v. Wickham, 618 F.2d 1307 (9th Cir. 1979).
In sum, the motion for final disposition of the supervised release violation is denied.
IT IS SO ORDERED.
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