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: Fifth Circuit BlogMaximum 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
Full post as published by Fifth Circuit Blog on February 18, 2009 (boomark / email).
CA1: Anders on supervised release
US v. Carrera-Gonzalez, No. 07-2141 (unpublished). This is an Anders brief-type appeal of revocation of supervised release. The defendant seems to have argued that there was an agreement as to a specific sentence that wasn?t there.
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...
CA1: home confinement as a condition of supervised release
US v. Marcano, No. 07-1050 holds on plain error review that supervised release can include ?home confinement? where the period of supervised release was less than the statutory maximum term of imprisonment of two years.
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...
Velasquez: Immigration Status Not a Proper Sentencing Factor
In U.S. v. Velasquez, No. 06-16637 (April 21, 2008), the Court vacated a nine-month sentence imposed on a defendant for violation of supervised release.The defendant pled guilty and was sentenced to time served and two years supervised release for use of a counterfeit visa for entry into the United States, in violation of 18 U...
State Revocation Counts for CH Points in Fed. Case that Led to Revocation
U.S. v. Dozier, 2009 WL 323269 (2/11/09) (Published) - A state sentence imposed upon revocation of probation counts in calculating criminal history points, even if the revocation was the result of the federal crime the federal court is punishing...
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