Opinion
Case No. CR06-5057 RBL.
April 9, 2007
ORDER
THIS MATTER comes on before the above-entitled Court upon Defendant's Motion for Final Probation Revocation Hearing [Dkt. #12].
Having considered the entirety of the records and file herein, the Court finds and rules as follows:
On November 6, 2006 this Court entered an Order denying Defendant's "Motion for Order Transporting Defendant for Final Probation Revocation Hearing" [Dkt. #11]. The instant motion is, in essence, a motion for reconsideration of that Order. The Court's previous Order will not be disturbed upon reconsideration. Defendant has no right to a federal supervised release hearing while he is in custody serving a state sentence. See United States v. Bartholdi, 453 F.2d 1225 (9th Cir. 1972). Therefore, it is hereby
ORDERED that Defendant's Motion for Final Probation Revocation Hearing [Dkt. #12] is DENIED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.