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Appellate Law

: Appellate Law and Practice

CA1: supervised release revocation doesn?t get Booker or Blakely protection


US v. Eirby, No. 07-1062.  As usual, Selya uses big words when sending someone to a hole.  This is a supervised-release revocation case based on a guilty plea in state court.  The judge ?imposing an additional thirty-three months of immurement.?  Apparently ?jail time? or ?incarceration? is not specific enough.  Selya says that ?It is settled law that once a court imposes a fixed sentence in a criminal case, subsequent proceedings in regard to that sentence are not sub read more

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Full post as published by Appellate Law and Practice on February 07, 2008 (boomark / email).

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