What is the effect of a District Court's assumption of jurisdiction de novo on a probation violation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hill, 719 F.2d 1402 (9th Cir. 1983):

We review the district court's assumption of jurisdiction de novo as a question of law. See United States v. Rodriguez, 682 F.2d 827, 828-29 (9th Cir.1982) (by implication).

A sentencing court may issue a warrant for the arrest of a probation violator at any time within five years of the beginning of the probation period. 18 U.S.C. Secs. 3651, 3653 (1976 & Supp. III 1979). The warrant may be executed by the probation officer or by the United States Marshal. Id. Sec. 3653. After arrest, the probationer must be taken before the sentencing court "[a]s speedily as possible." Id. At that time, the court may revoke the probation and impose any lesser sentence, including probation. Id.; Nicholas v. United States, 527 F.2d 1160, 1162 (9th Cir.1976).

If the warrant is not issued within the five-year period, the court loses jurisdiction over the violation. United States v. Rodriguez, 682 F.2d at 828-29. The issuance of a warrant may extend jurisdiction beyond that time. Nicholas v. United States, 527 F.2d at 1161.

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