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: Third Circuit BlogRehabilitative Needs Can Be Considered to Determine Whether to Revoke Supervised Release and the Duration of Imprisonment Upon Revocation
By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper
Full post as published by Third Circuit Blog on September 08, 2010 (boomark / email).
Blakely, Booker & Supervised Release Revocation
In United States v. Work, No. 04-2172 (1st Cir. June 3, 2005) defendant-appellant argued "that the Sixth Amendment, as interpreted in Blakely v. Washington, 124 S. Ct. 2531 (2004), applies to the revocation of supervised release and the consequent imposition of additional prison time...
Court Must Aggregate All Revocation Imprisonment Terms When Calculating Maximum Supervised Release Term Available Under § 3583(h)
United States v. Vera, No. 07-20516 (5th Cir. Sept. 8, 2008) (Garza, Dennis, Minaldi)When a district court revokes a defendant's supervised release and imposes a term of imprisonment, 18 U...
Johnson: State Probation does not Suspend Federal Supervised Release
In U.S. v. Johnson, No. 09-10351 (Sept. 2, 2009), the Court held that time spent serving a State sentence on probation, while under a federal sentence of supervised release, does toll the running of the period of supervised release...
CA1: supervised release revocation doesnt 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...
English: ACA supervised release revocation may exceed State maximum
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...
For Purposes of Supervised-Release Tolling Provision, "Imprisonment" Includes Pretrial Detention
United States v. Molina-Gazca, Nos. 08-50619, 08-50620 (5th Cir. June 11, 2009) (Jones, Elrod, Guirola, D.J.)Prefatory disclosure: I did some work on this case.Under 18 U.S.C. § 3583(i), a district court does not have jurisdiction to revoke a term of supervised release after it expires, unless a warrant or summons issued before the expiration of the term...
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