Thursday, December 26, 2013

United States v. Crowder, No. 13-30033 (12-24-13) (McKeown with Tallman and Murphy, D.J.).

In a Supervised Release revocation, the defendant was again placed on lifetime supervised release after a 14 month term of imprisonment for the violation. He argued that he could not be placed on lifetime Supervised Release after a revocation term of imprisonment because the 14 months could not be subtracted from a lifetime period. The 9th avoids the "metaphysical" issue by siding with other circuits that the practical and natural reading of the 3583(h) statute would not impose a constraint of reinstating to lifetime supervised release. If the defendant’s argument would be followed, courts would simply impose absurdly long terms of imprisonment.


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