U.S. v. Simmons, 14cr2074-LAB (2018)
Court: District Court, N.D. California
Number: infdco20180806719
Visitors: 10
Filed: Aug. 02, 2018
Latest Update: Aug. 02, 2018
Summary: ORDER DENYING MOTION UNDER 28 U.S.C. SECTION 2255 LARRY ALAN BURNS , District Judge . Defendant Deandre Simmons pled guilty to conspiracy to commit sex trafficking of a minor in violation of 18 U.S.C. 1594 and was sentenced to 68 months' imprisonment, followed by ten years of supervised release. Now, over three years later, he has filed an untimely motion under 28 U.S.C. 2255 to reduce the term of his supervised release. Simmons argues that the law does not permit a ten-year term of su
Summary: ORDER DENYING MOTION UNDER 28 U.S.C. SECTION 2255 LARRY ALAN BURNS , District Judge . Defendant Deandre Simmons pled guilty to conspiracy to commit sex trafficking of a minor in violation of 18 U.S.C. 1594 and was sentenced to 68 months' imprisonment, followed by ten years of supervised release. Now, over three years later, he has filed an untimely motion under 28 U.S.C. 2255 to reduce the term of his supervised release. Simmons argues that the law does not permit a ten-year term of sup..
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ORDER DENYING MOTION UNDER 28 U.S.C. SECTION 2255
LARRY ALAN BURNS, District Judge.
Defendant Deandre Simmons pled guilty to conspiracy to commit sex trafficking of a minor in violation of 18 U.S.C. § 1594 and was sentenced to 68 months' imprisonment, followed by ten years of supervised release. Now, over three years later, he has filed an untimely motion under 28 U.S.C. § 2255 to reduce the term of his supervised release.
Simmons argues that the law does not permit a ten-year term of supervised release, citing 18 U.S.C. § 3583(b). Besides being time-barred, his motion fails on the merits. Under 18 U.S.C. § 3583(k), the minimum period of supervised release for this crime is five years, and supervised release for any greater period up to life is authorized.
The motion is DENIED.
IT IS SO ORDERED.
Source: Leagle
