May 24, 2013

Tenth Circuit: New Supervised Release Is Reasonable Given Failure to Deal with Drug Issues, Need for Treatment, and Multiple Violations of Prior Terms of Supervised Release

The Tenth Circuit Court of Appeals published its opinion in United States v. Handley on Tuesday, May 15, 2012.

The Tenth Circuit affirmed the district court’s sentence. Petitioner appeals his sentence, following revocation of his supervised release for drug use and “imposition of a new term of incarceration of twelve months and supervised release of four years, on grounds his supervised release exceeds the amount allowed by law.” The Court determined that “because the maximum allowable term of supervised release is life . . . , the district court could impose a four-year term of supervised release following [Petitioner]’s incarceration. Moreover, the district court’s imposition of four years of supervised release in this case is both ‘reasoned and reasonable’ given [Petitioner]’s failure to deal with his drug issues, obvious need for mental health and substance abuse treatment, and multiple violations of the conditions of his prior terms of supervised release.”

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2013-05-24 08:28:49