Friday, January 06, 2012

US v. Lamirand, No. 11-6033, 1/5/12 (Okla) - Defendant whose supervised release was revoked was sentenced to thirty days in prison, followed by a new term of supervised release of six months, violated supervised release conditions again. This time the court sentenced him to a year and a day in prison. Defendant claimed that he could only be sent to prison for six months. Wrong. He had been convicted of a Class D felony (pwid pot with a five-year max), so 18 USC ยง 3583 authorized a prison term of up to two years. The length of the supervised release term was irrelevant.