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English: ACA supervised release revocation may exceed State maximum

By Tim Cone

In U.S. v. English, No. 09-12788 (Dec. 16, 2009), the Court held that a defendant who was convicted under the Assimilative Crimes Act (ACA), and who has served the state statutory maximum term of imprisonment, may be sentenced to further incarceration upon revocation of supervised release.The defendant was convicted under ACA of DUI at a Naval Air Station in Florida. The Florida maximum punishment for this offense was five years? incarceration. His sentence was five years, followed by three years of supervised release. After serving the sentence of incarceration, while on supervised release, English violated his conditions of supervised release, and after his revocation hearing the court imposed a 24-month term of incarceration. English appealed, claiming that the 24-month additional sentence exceeded the statutory five-year maximum for his Florida DUI offense...continue to full post

Full post as published by Defense Newsletter Blog on December 17, 2009 (boomark / email).