on May 4, 2017
Appeal from the District Court of the Virgin Islands (D.V.I.
No. 1:11-cr-00021-001) District Judge: Honorable Wilma A.
Omodare B. Jupiter [Argued] Office of Federal Public Defender
Counsel for Appellant.
Alphonso G. Andrews, Jr. Office of United States Attorney
David W. White [Argued] Office of United States Attorney
Counsel for Appellee.
Before: GREENAWAY, JR., SHWARTZ, and FUENTES, Circuit Judges.
FUENTES, Circuit Judge.
Vaughn Johnson challenges a judgment revoking his term of
supervised release and resentencing him to 18 months in
prison (with credit for time served). He contends, among
other things, that the District Court of the Virgin Islands
lacked jurisdiction over the term of supervised release,
because 1) he was subject to a previous revocation order,
entered by a different district court, on an unrelated
concurrent supervised release term; and 2) the Virgin Islands
Probation Office failed to actually supervise him or attempt
to do so. As we find that the District Court was not deprived
of jurisdiction, we will affirm.
early 2010s, Johnson was twice convicted of federal crimes.
The first conviction, in the Middle District of Florida,
arose from a charge of lying on a passport application. The
second, in the District of the Virgin Islands, arose from
wire fraud charges. In both instances, Johnson received a
custodial sentence followed by three years of supervised
release, the conditions of which would be violated if he
committed another crime. Because Johnson was already imprisoned
on the first charge when he was indicted, convicted, and
sentenced on the second, he effectively served one aggregate
prison term in connection with both convictions.
Johnson was released from prison in January 2014, he settled
in the Middle District of Florida, and the Middle
District's Probation Office took charge of his
supervision. Aside from a brief status phone call in June
2014 that he initiated, Johnson had no contact with the
Virgin Islands Probation Office, which otherwise took no
action to supervise or keep tabs on him.
January 2015, Johnson was again indicted in Florida federal
court for lying on a passport application-a charge to which
he would eventually plead guilty, but which also violated the
no-new-crime condition of his supervised release terms. As a
result, the Middle District of Florida began taking steps to
revoke the Florida term of supervised release by issuing an
order of detention. Johnson eventually admitted the Middle
District revocation charge and, in April 2016, the district
court entered a judgment of revocation sentencing him to time
the new Florida federal indictment had been handed down in
January 2015, the Virgin Islands Probation Office took no
action until March 2016, when it was belatedly informed by
its Middle District of Florida counterpart of Johnson's
new indictment and, by extension, of his violation of the
conditions of the Virgin Islands term of supervised release.
After inquiring into whether the Middle District of Florida
Probation Office would accept a formal transfer of
jurisdiction (Florida declined), the Virgin Islands Probation
Office notified the Virgin Islands District Court of
Johnson's violation. The Court then began the formal
process of revoking Johnson's Virgin Islands term of
time, however, Johnson decided to challenge the revocation
proceedings. He did so partly on jurisdictional grounds,
arguing that the Florida district court's judgment of
revocation had eliminated the Virgin Islands term of
supervised release, leaving nothing left to supervise or
revoke. He claimed also that the Virgin Islands Probation
Office's abdication of its supervisory responsibility-as
demonstrated by its failure to supervise or attempt to
supervise between his release from prison and March 2016-
otherwise deprived the District Court of jurisdiction.
conducting a revocation hearing,  the District Court overruled
Johnson's challenges, denied his oral motion to dismiss,
revoked his supervised release, and sentenced him to 18
months in prison (with credit for time served) and 18
additional months of supervised release. Johnson appealed.
1)Merger of Concurrent Terms of ...