State Prisoner Has No Right to Prompt Preliminary Hearing on Federal Revocation

US v. Swenson, No. 07-4138 (unpublished):
Mr. Swenson is a state prisoner serving time in a Utah prison. At the time of his state conviction, he was on federal supervised release. Accordingly, he wanted the federal district court to promptly grant him a preliminary hearing on the revocation of his supervised release. The district court refused to do so because Mr. Swenson is in primary state custody, and the COA agreed. Federal Rule of Criminal Procedure 32.1(a), which requires that anyone "held in custody for violating probation or supervised release must be taken without unnecessary delay before a magistrate judge," applies only to those persons in federal custody. Mr. Swenson is in state custody and therefore must wait until his state prison sentence is completed.