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: Fourth Circuit BlogRevocation of supervised release not equal to termination of the release
By Jonathan Byrne
Full post as published by Fourth Circuit Blog on January 23, 2012 (boomark / email).
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...
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...
Rehabilitative Needs Can Be Considered to Determine Whether to Revoke Supervised Release and the Duration of Imprisonment Upon Revocation
In United States v. Doe, No. 09-2615 (August 16, 2010), the Third Court affirmed revocation of Doe?s supervised release and imposition of a 24 month term of imprisonment followed by an additional 12 months supervised release on the basis that Congress intended, in 18 U...
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...
D.P.R.: Exclusionary rule does not apply to revo of federal supervised release
Exclusionary rule does not apply to revocation of federal supervised release, analogizing parole and probation revocation cases. United States v. Jimenez-Torres, 2010 U.S. Dist. LEXIS 65741 (D...
Maximum Supervised Release Terms In 21 U.S.C. § 841 Trump Lower Maximums in 18 U.S.C. § 3583 When New Sentence Is Imposed on Revocation of Release
United States v. Jackson, No. 07-51229 (5th Cir. Feb. 12, 2009) (Garwood, Garza, Owen)Title 21 U.S.C. § 841(b)(1) requires minimum terms of supervised release, but establishes no maximum term...
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