Filed: Jun. 13, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10393 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LARRY GENE POWELL, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-184-ALL-R - June 13, 2000 Before JOLLY, DAVIS, and STEWART, Circuit Judges. PER CURIAM:* Larry Gene Powell appeals the revocation of his supervised release under 18 U.S.C. § 3583(e)(3). Powell argues, for the first
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10393 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LARRY GENE POWELL, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-184-ALL-R - June 13, 2000 Before JOLLY, DAVIS, and STEWART, Circuit Judges. PER CURIAM:* Larry Gene Powell appeals the revocation of his supervised release under 18 U.S.C. § 3583(e)(3). Powell argues, for the first t..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10393
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY GENE POWELL,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:95-CR-184-ALL-R
--------------------
June 13, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Larry Gene Powell appeals the revocation of his supervised
release under 18 U.S.C. § 3583(e)(3). Powell argues, for the
first time on appeal, that the revocation of his supervised
release violates the Double Jeopardy Clause. Accordingly, we
review for plain error. United States v. Lankford,
196 F.3d 563,
577 (5th Cir. 1999). In order to be reversible, the error must
be “clear or obvious under current law.”
Id. at 578 (citing
United States v. Olano,
507 U.S. 725, 734(1993)).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 99-10393
-2-
Although whether the Double Jeopardy Clause is violated by
the revocation of supervised release under § 3583(e)(3) is an
issue of first impression for us, the Supreme Court has held that
“there is no double jeopardy protection against revocation of
probation and the imposition of imprisonment.” United States v.
DiFrancesco,
449 U.S. 117, 136 (1980). Other circuits have
determined that the revocation of supervised release does not
violate double jeopardy principles. See United States v. Soto-
Olivas,
44 F.3d 788, 789-90 (9th Cir. 1995); see also United
States v. Wyatt,
102 F.3d 241, 245 (7th Cir. 1996).
In light of the above cases, Powell cannot demonstrate that
the district court committed plain error in revoking his
supervised release. Accordingly, the district court’s judgment
is AFFIRMED.