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: Fourth Circuit Blog

No Plain Error In Mandatory SR Revocation Due to Drug Possession

By Jonathan Byrne

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US v. Coston: Coston pleaded guilty to a drug charge in 2006 and had struggled with supervised release after serving his term of imprisonment. On his third supervised release term, after a series of personal tragedies, he returned to marijuana use and his probation officer ultimately sought to revoke him due to positive drug tests. The number of positives triggered the mandatory revocation provision of 18 USC 3583(g). The district court rejected Coston's request for treatment in lieu of revocation (the statute's one exception), revoked him, and imposed an above-the-Guideline sentence of 36 months in prison (with no additional term of supervised release). The Fourth Circuit affirmed Coston's revocation and sentence. On appeal, for the first time, Coston argued that 3583(g) violated his right to due process in light of the Supreme Court's decision in US v...continue to full post

Full post as published by Fourth Circuit Blog on July 21, 2020 (boomark / email).