Filed: Nov. 04, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1179 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas Catherynne Kendrick, * * [UNPUBLISHED] Appellant. * _ Submitted: October 26, 2005 Filed: November 4, 2005 _ Before BYE, McMILLIAN, and RILEY, Circuit Judges. _ PER CURIAM. Catherynne Kendrick appeals from the final judgment entered in the District 1 Court for the Western District of Arkansas dism
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1179 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas Catherynne Kendrick, * * [UNPUBLISHED] Appellant. * _ Submitted: October 26, 2005 Filed: November 4, 2005 _ Before BYE, McMILLIAN, and RILEY, Circuit Judges. _ PER CURIAM. Catherynne Kendrick appeals from the final judgment entered in the District 1 Court for the Western District of Arkansas dismi..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-1179
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Arkansas
Catherynne Kendrick, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 26, 2005
Filed: November 4, 2005
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Before BYE, McMILLIAN, and RILEY, Circuit Judges.
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PER CURIAM.
Catherynne Kendrick appeals from the final judgment entered in the District
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Court for the Western District of Arkansas dismissing her 28 U.S.C. § 2241 petition
as premature. In July 2002 Kendrick pleaded guilty to one count of threat by
interstate communications, and the district court sentenced her to 10 months in prison
and 3 years supervised release. In June 2004 Kendrick’s probation officer petitioned
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The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas, adopting the report and recommendations of the
Honorable Beverly Stites Jones, United States Magistrate Judge for the Western
District of Arkansas.
the court to issue a warrant for Kendrick’s arrest, alleging that Kendrick had violated
her supervision conditions. Kendrick filed a petition under § 2241, contesting the
allegations in the warrant petition. The district court dismissed the § 2241 petition
as premature, as the district court had not yet considered whether to revoke
Kendrick’s supervised release.
We agree with the district court that Kendrick’s petition is premature, as the
court has not yet revoked her supervised release or even scheduled a revocation
hearing. If the district court does revoke Kendrick’s supervised release in the future,
she may file a direct appeal challenging the revocation at that time. See, e.g., United
States v. Nace,
418 F.3d 945, 946 (8th Cir. 2005). Accordingly, we affirm. See 8th
Cir. R. 47B.
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