July 28, 2014

Tenth Circuit: Court Not Required to Credit Defendant for Previous Terms of Revocation Imprisonment

The Tenth Circuit Court of Appeals published its opinion in United States v. Hunt on Wednesday, March 21, 2012.

The Tenth Circuit affirmed the district court’s sentence. Petitioner was sentenced to 18 months’ in prison for violating the conditions of his supervised release. “On appeal, he argues the district court failed to apply 18 U.S.C. § 3583(e)(3) to give him credit for prison time served on two prior sentences for revocation of his supervised release. Taken together, [Petitioner] claims these sentences exceed the maximum amount of supervised release authorized for his original offense, which federal law prohibits.

The Court disagreed. The district court was not required to credit Petitioner for his previous terms of revocation imprisonment. The court was only required to consider his previous revocation imprisonment when setting a new term of supervised release.

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