Thursday, August 17, 2006

Possible Cert Grant on the Horizon?

Several months ago the Fifth Circuit held in United States v. Garcia-Avalino, 444 F.3d 444, 445-47 (5th Cir. 2006), that a warrant issued on an application for revocation of supervised release does not have to be supported by oath or affirmation. There is a circuit split on this issue, with the Ninth Circuit having held otherwise. United States v. Vargas-Amaya, 389 F.3d 901, 904 (9th Cir. 2004). That Ninth Circuit case generated a vigorous dissent from a denial of en banc rehearing. United States v. Vargas-Amaya, 408 F.3d 1227 (9th Cir. 2005).

So what you have here is a not-uncommon recipe for a cert grant. And indeed, Garcia-Avalino has filed a petition for certiorari. The Supreme Court docket number is 05-11487, and you can use it to keep track of the case here.



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