Filed: Apr. 28, 2014
Latest Update: Apr. 28, 2014
Summary: OPINION AND ORDER DENYING PETITION FOR REVOCATION OF SUPERVISED RELEASE ROBERT H. CLELAND, District Judge. On August 14, 2003, the court sentenced Defendant Curtis Carr to 57 months' imprisonment followed by three years of supervised release for possession of counterfeit securities, 18 U.S.C. 513(a), a class C felony. (Dkt. # 47, Pg. ID 114-15.) On June 3, 2010, the court revoked Defendant's term of supervised release and sentenced him to 24 months' imprisonment. (Dkt. # 109, Pg. ID 352.) De
Summary: OPINION AND ORDER DENYING PETITION FOR REVOCATION OF SUPERVISED RELEASE ROBERT H. CLELAND, District Judge. On August 14, 2003, the court sentenced Defendant Curtis Carr to 57 months' imprisonment followed by three years of supervised release for possession of counterfeit securities, 18 U.S.C. 513(a), a class C felony. (Dkt. # 47, Pg. ID 114-15.) On June 3, 2010, the court revoked Defendant's term of supervised release and sentenced him to 24 months' imprisonment. (Dkt. # 109, Pg. ID 352.) Def..
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OPINION AND ORDER DENYING PETITION FOR REVOCATION OF SUPERVISED RELEASE
ROBERT H. CLELAND, District Judge.
On August 14, 2003, the court sentenced Defendant Curtis Carr to 57 months' imprisonment followed by three years of supervised release for possession of counterfeit securities, 18 U.S.C. § 513(a), a class C felony. (Dkt. # 47, Pg. ID 114-15.) On June 3, 2010, the court revoked Defendant's term of supervised release and sentenced him to 24 months' imprisonment. (Dkt. # 109, Pg. ID 352.) Defendant is presently before the court on a petition for revocation of supervised release. (Dkt. # 110.) Because the court lacks authority to impose any additional prison time on Defendant, the court will deny the petition for revocation of supervised release.1
A court may revoke a term of supervised release pursuant to 18 U.S.C. § 3583(e)(2). Because Defendant committed the original offense in January and February of 2000, the 1994 version of § 3583(e) applies to this case. See United States v. VanHoose, 437 F.3d 497, 500 n. 3 (6th Cir.2006) ("The relevant date . . . is not the date of conviction or sentencing but the date the offense was committed."). The 1994 version of § 3583(e) provides in relevant part that a court may:
revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release . . . except that a defendant whose term is revoked under this paragraph may not be required to serve . . . more than 2 years in prison if such offense is a class C or D felony. . . .
18 U.S.C. § 3583(e)(3) (1994). The current version, as amended in 2003, states that "a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation . . . more than 2 years in prison if such offense is a class C or D felony. . . ." 18 U.S.C. § 3583(e)(3) (2003). "Before the statute was amended to include the phrase `on any such revocation,' § 3583(e)(3) was interpreted by this Court as well as the rest of the circuits to allow defendants to aggregate prison time served for multiple revocations of supervised release and to credit this time towards the maximum term of imprisonment authorized by the statute." United States v. Perry, 743 F.3d 238, 241 (7th Cir. 2014). The 2003 amendment prevents this aggregation of prior sentences toward the statutory maximum.
Under the 1994 version of § 3583(e)(3) applicable to this case, Defendant may only face a total of 24 months' imprisonment as a result of multiple supervised release violations. Defendant served 24 months' imprisonment after his first supervised release violation. Thus, despite his most recent violation, this court is without authority to impose any additional prison time on Defendant. Accordingly,
IT IS ORDERED that the petition for revocation of supervised release [Dkt. # 110] is DENIED.
