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United States v. Waldron

November 15, 2007

UNITED STATES OF AMERICA,
v.
GLENN J. WALDRON



The opinion of the court was delivered by: Phillips

ORDER AMENDING JUDGMENT

On September 8, 2003, the defendant was sentenced to time served followed by three years of supervised release for violation of 18 U.S.C. 152. As a special condition of supervised release, the court ordered defendant deported and tolled the term of supervised release for the period that defendant remained outside the United States for a period not to exceed ten years.

Pursuant to the Sixth Circuit's recent decision in United States v. OssaGallegos, 491 F.3d 537 (6th Cir. 2007) holding that tolling is not a contingency of supervised release under 18 U.S.C. § 3583(d) and that district courts may not toll the period of supervised release while a defendant is absent from the United States, the court hereby AMENDS the judgment in this case to RESCIND the tolling provision as a special condition of supervised release. All other provisions of the judgment shall remain as previously ordered by the court.

IT IS SO ORDERED.

Thomas W. Phillips United States District Judge

20071115

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