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United States of America v. Joseph Spencer

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Argued: May 9, 2011

Before: POOLER, B.D. PARKER, and LOHIER, Circuit Judges.

Defendant Joseph Spencer appeals the judgment of the District Court for the Southern District of New York (Holwell, J.), revoking supervised release and imposing, inter alia, a term of imprisonment. Spencer challenges both the district court’s jurisdiction to revoke supervised release and the district court’s finding that he violated a condition of supervised release by failing to report changes in employment and residence. We hold that (1) the district court retained jurisdiction to revoke supervised release because the delays in adjudicating the revocation petition were “reasonably necessary” under 18 U.S.C. § 3583(i); and (2) the district court erred by finding that Spencer violated the asserted condition, based on the district court’s view of the “purpose” of the condition, rather than the “clear and specific” meaning that a person of ordinary intelligence would attribute to it. Vacated and remanded.

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