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151692P.pdf 03/15/2016 United States v. Jeremiah Wroblewski
U.S. Court of Appeals Case No: 15-1692
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Shepherd, Author, with Smith and Colloton, Circuit Judges]
Criminal case - Criminal law. Where a defendant has merely been served
with a summons, but had not yet appeared in court pursuant to that
summons, he has not been released under 18 U.S.C. Chapter 207 and a
failure to appear at a supervised release revocation hearing cannot create
a violation of 18 U.S.C. Sec. 3146(a)(1). Here, defendant had not been
released under Chapter 207, an essential element of the crime to which he
pleaded guilty, and the district court erred in accepting his guilty plea
without establishing that there was an adequate factual basis for the
plea. Conviction and sentence vacated.