Description: Wichita, Kansas criminal defense lawyer represented the Defendant charged with a felony.

Tegan C. Gulley appealled from a delayed revocation hearing under 18 U.S.C. § 3583(i), which extends the district court’s power to revoke an expired term of supervised release if “a warrant or summons has been issued” before the expiration, and the delay from expiration to revocation is “reasonably necessary.”

Appellant Tegan C. Gulley served a three-year term of supervised release—the statutory maximum for his offense. A petition to revoke Mr. Gulley’s supervised release was filed—and a summons issued—a few days before the term expired, but the district court delayed the revocation hearing for six months at Mr. Gulley’s request. The district court ordered Mr. Gulley to remain on his already-expired term of supervision until the continued revocation hearing. Ultimately, the district court revoked supervision and imposed a custodial sentence of 15 months. Mr. Gulley now appeals that judgment, contending the six-month delay was not “reasonably necessary” under § 3583(i), and that the district court therefore acked subject matter jurisdiction to adjudicate the revocation petition

Outcome: The judgment of the District Court was vacated and remanded with instructions to release Mr. Gulley from custody.

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