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Johnson v. U.S., No. 99-5153 (U.S. Supreme Court) (529 U.S. 694; 120 S.Ct. 1795) (May 15, 2000) (Justice Souter)

Article • October 7, 2003 • from P&J May, 2000

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

Johnson v. U.S., No. 99-5153 (U.S. Supreme Court) (529 U.S. 694; 120 S.Ct. 1795) (May 15, 2000) (Justice Souter) by Justice Scalia set the tone for this case when he candidly noted in his dissent that “[t]his is not an important case, since it deals with the interpretation of a …

U.S. v. Cade, No. 00-30026 (9th Cir.) (236 F.3d 463) (December 20, 2000) (Judge Susan P. Graber)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Cade, No. 00-30026 (9th Cir.) (236 F.3d 463) (December 20, 2000) (Judge Susan P. Graber) by This case is noted for its holding that, while there may be limits on the initial term of supervised release that may be imposed for most felony convictions, there are no limits …

U.S. v. Trenter, No. 99-30226 (9th Cir.) (201 F.3d 1262) (February 7, 2000) (Judge Sidney R. Thomas)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Trenter, No. 99-30226 (9th Cir.) (201 F.3d 1262) (February 7, 2000) (Judge Sidney R. Thomas) by Some years ago, District Judge Stanley Sporkin condemned the Parole Commission for its policy of placing probationers on a never-ending treadmill, by violating them for various infractions of their “special parole”, and …

U.S. v. Brings Plenty, No. 98-4037 (8th Cir.) (188 F.3d 1051) (September 1, 1999) (Per Curiam)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Brings Plenty, No. 98-4037 (8th Cir.) (188 F.3d 1051) (September 1, 1999) (Per Curiam) by In this case, the defendant was originally sentenced to a 57 month term of imprisonment and three years of supervised release after pleading guilty to arson of a dwelling on an Indian reservation. …

U.S. v. Shorty, No. 98-2343 (7th Cir.) (159 F.3d 312) (October 30, 1998) (Judge Michael S. Kanne)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Shorty, No. 98-2343 (7th Cir.) (159 F.3d 312) (October 30, 1998) (Judge Michael S. Kanne) by Case held that resentencing of the defendant to a new term of supervised release did not violate the Ex Post Facto Clause, and that the potential for additional successive revocation sentences was …

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Abbington, No. 97-3940 (6th Cir.) (144 F.3d 1003) (May 29, 1998) (Judge Richard F. Suhrheinrich) by Here, citing a portion of the legislative history of § 3583(h), the Court held that the imposition of a 2nd term of supervised release violates the Ex Post Facto Clause when the …

U.S. v. Lominac, No. 96-4282 (4th Cir.) (144 F.3d 308) (May 11, 1998) (Judge M. Blane Michael)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Lominac, No. 96-4282 (4th Cir.) (144 F.3d 308) (May 11, 1998) (Judge M. Blane Michael) by Excellent case that summarizes the law dealing with the authority of the courts to impose new terms of supervised release after an earlier term has been revoked. This case is noted because …

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie) by Until 1994, if a person was on supervised release, and his term of supervised release was revoked for some infraction, and he was sent back to prison, most of the Circuits …

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Page, No. 96-4329 (6th Cir.) (131 F.3d 1173) (December 2, 1997) (Judge Leroy J. Jr. Contie) by Here the Court followed the lead of the Second, Eighth, Ninth and Tenth Circuits and held that the specific term of supervised release imposed under 21 U.S.C. § 841(b) may exceed …

U.S. v. Withers, No. 96-1276 (7th Cir.) (128 F.3d 1167) (November 7, 1997) (Judge Michael S. Kanne)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Withers, No. 96-1276 (7th Cir.) (128 F.3d 1167) (November 7, 1997) (Judge Michael S. Kanne) by United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne) United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam) United States v. Pelensky, 129 F.3d 63 (2nd …

U.S. v. Eske, No. 98-2524 (7th Cir.) (189 F.3d 536) (August 27, 1999) (Judge Joel L. Flaum)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Eske, No. 98-2524 (7th Cir.) (189 F.3d 536) (August 27, 1999) (Judge Joel L. Flaum) by Here, the 7th Circuit joined the vast majority of courts in holding that the use of 18 U.S.C. § 3583(h) (which was enacted in 1994) to justify the imposition of a new …

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

Borrego v. U.S., No. 97 Civ. 1486 (MJL) (S.D.N.Y.) (975 F.Supp. 520) (August 25, 1997) (Judge Mary Johnson Lowe) by This case highlights both an important limitation on a 1994 amendment to the statutes regulating supervised release (18 U.S.C. § 3583(h)) and an oft-overlooked, but important, provision of the same …

U.S. v. Collins, No. 96-30115 (9th Cir.) (118 F.3d 1394) (July 9, 1997) (Judge Jr. William C. Canby)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Collins, No. 96-30115 (9th Cir.) (118 F.3d 1394) (July 9, 1997) (Judge Jr. William C. Canby) by Case held that application of new statute authorizing reimposition of supervised release following termination of earlier term violated the Ex Post Facto Clause. For contrary views see U.S. v. Page, 131 …

U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Dozier, No. 96-5785 (3rd Cir.) (119 F.3d 239) (July 18, 1997) (Judge Walter K. Stapleton) by In this case the Court acknowledged that supervised release is "punishment" for purposes of the Ex Post Facto Clause. It wrote: "Supervised release is punishment; it is a deprivation of some portion …

U.S. v. St. John, No. 95-3665 (8th Cir.) (92 F.3d 761) (August 19, 1996) (Judge Theodore McMillian)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. St. John, No. 95-3665 (8th Cir.) (92 F.3d 761) (August 19, 1996) (Judge Theodore McMillian) by Case held that no ex post facto violation arose from the fact that revocation of sentence imposed upon defendant included both term of imprisonment and new term of supervised release. The defendant …

U.S. v. Brady, No. 95-3660 (3rd Cir.) (88 F.3d 225) (June 28, 1996) (Judge Theodore A. McKee)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Brady, No. 95-3660 (3rd Cir.) (88 F.3d 225) (June 28, 1996) (Judge Theodore A. McKee) by This decision should be read in conjunction with the Third Circuit's later decision on the same isse - U.S. v. Dozier, 119 F.3d 239 (3rd Cir. 1997) - where the Court stated …

U.S. v. Beals, No. 95-3415 (7th Cir.) (87 F.3d 854) (June 20, 1996) (Judge Walter J. Cummings)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Beals, No. 95-3415 (7th Cir.) (87 F.3d 854) (June 20, 1996) (Judge Walter J. Cummings) by Although this decision was later overruled, the Court held that a statute authorizing reimposition of new term of supervised release which was enacted after original crime of conviction was unconstitutional as violation …