SUPERVISED RELEASE

Esteras v. United States

Issues

When determining whether to revoke supervised release, does a district court commit error if it relies on 18 U.S.C. § 3553(a)(2)(A)’s sentencing factors despite their absence from 18 U.S.C § 3583(e)’s enumerated list?

This case asks the Court to determine whether a district court presiding over a revocation hearing under 18 U.S.C. § 3583(e) may consider the factors listed in 18 U.S.C. § 3553(a)(2)(A) despite their absence from Section 3583(e)’s enumerated list. Section 3553(a)(2)(A)’s sentencing factors include reflecting the seriousness of the offense, promoting respect for the law, and providing just punishment for the offense. Petitioner argues that Section 3583(e)’s list is exhaustive, and omission of the Section 3553(a)(2)(A) factors precludes a district court from considering them to determine revocation of supervised release. Respondent counters that the consideration factors set out in Section 3583 are not exhaustive, and the factors in Section 3553 may be relied upon by a district court when determining the modification or revocation of supervised release. This case touches on important questions regarding the purpose of supervised release, a court’s discretion to revoke and reimprison violators, and the impact that judicial discretion has on the carceral system.

Questions as Framed for the Court by the Parties

Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e)’s list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release.

In 1984, through the Sentencing Reform Act (codified at 18 U.S.C. § 3583), Congress abolished the federal parole system and created a new form of post-imprisonment supervision called supervised release. 18 U.S.C.

Additional Resources

Submit for publication
0

Mont v. United States

Issues

If an individual on supervised release commits another crime and is detained while awaiting trial, should that detention period be credited toward his term of supervised release?

This case asks the Supreme Court to interpret 18 U.S.C. § 3624(e) (“Section 3624(e)”), which provides that a defendant’s term of supervised release is tolled when the defendant is convicted of a crime. Jason Mont contends that his pretrial detention from an unrelated crime did not toll his supervised release. Instead, he claims that his supervised release expired during his pretrial detention period, and thus that the district court did not have proper jurisdiction over his case. The United States, on the other hand, argues that confinement in the form of pretrial detention is equivalent to a conviction for purposes of Section 3624(e), and that the statute tolls a defendant’s term of supervised release to avoid allowing a defendant to serve his term of supervised release while imprisoned. The outcome of this case has implications for understanding the connection between conviction, pretrial detention, and when a defendant’s supervised release is tolled.

Questions as Framed for the Court by the Parties

Whether a statute directed to the administration of imprisoned individuals serves as authority to alter or suspend the running of a criminal sentence of supervised release, when such "tolling'' is without judicial action, and requires the term "imprisonment" as used in the administrative statute, to include pretrial detention prior to an adjudication of guilt. Is a district court required to exercise its jurisdiction in order to suspend the running of a supervised release sentence as directed under 18 U.S.C. § 3583(i) prior to expiration of the term of supervised release, when a supervised releasee is in pretrial detention, or does 18 U.S.C. § 3624(e) toll the running of supervised release while in pretrial detention?

In December 2005, Jason Mont was convicted for possessing cocaine with intent to distribute and for being a felon in possession of a firearm. United States v. Mont at 1.

Written by

Edited by

Additional Resources

Submit for publication
0

United States v. Haymond

Issues

Does 18 U.S.C. § 3583(k), which imposes mandatory sentencing for violations of supervised release conditions, deny criminal defendants their Sixth Amendment right to a jury trial?

This case asks the Supreme Court to consider the constitutionality of the sentencing requirements under 18 U.S.C. § 3583(k) (“Section 3583(k)”), which imposes a mandatory resentencing requirement for individuals who violate a condition of their supervised release. Specifically, the Court will consider whether Section 3583(k) denies criminal defendants their right to a jury trial under the Sixth Amendment. The United States argues that the mandatory sentencing is constitutional because the jury right only applies to the imposition of a sentence, while Section 3583(k) merely administers a sentence that had already been imposed. Haymond contends that Section 3583(k) imposes a new sentence for the conduct found to be a violation of the conditions of supervised release. This outcome in this case may have a meaningful impact on the interpretation of the Sixth Amendment and influence how courts determine which punishment to impose after a defendant violates conditions of probation or parole.  

Questions as Framed for the Court by the Parties

Whether the U.S. Court of Appeals for the 10th Circuit erred in holding “unconstitutional and unenforceable” the portions of 18 U.S.C. § 3583(k) that required the district court to revoke the respondent’s 10-year term of supervised release, and to impose five years of reimprisonment, following its finding by a preponderance of the evidence that the respondent violated the conditions of his release by knowingly possessing child pornography.

After trial in the United States District Court for the Northern District of Oklahoma in 2010, a jury convicted Andre Ralph Haymond of one count of possession and attempted possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2).

Written by

Edited by

Additional Resources

Submit for publication
0
Subscribe to SUPERVISED RELEASE