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Judges: No credit time for repeatedly violating supervised release

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In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).

The issue arose in United States of America v. Steven J. Perry, 13-2182, in which the District Court in South Bend sentenced Steven Perry to a 5-year term of imprisonment as well as a 10-year term of supervised release in 2013. This was the second time Perry had violated the terms of his supervised release imposed in 2005 based on his 2003 offense. The probation officer mistakenly stated in his report that Perry was subject to the statutory minimum five-year term of imprisonment mandated by the current version of Section 3583(k).

But this was an error, the 7th Circuit held, because Perry was subject to the version of this statute in effect at the time of his initial offense. That version of Section 3583(k) authorized a maximum sentence of only two years; the amended version the probation officer relied on did not take effect until July 27, 2006, and is not retroactive.

Perry argued that this maximum two-year term of imprisonment should be reduced by three months that he served in prison in 2009 for a prior violation of his supervised release. The statute he relies on 18 U.S.C. Section 3583(e)(3) was amended in 2003 to include the phrase “on any such revocation.” Before the amendment was added, the Circuit courts interpreted this statute to allow credit time toward the maximum term of imprisonment authorized by statute. But since that amendment, every appellate court to address this issue has determined that language eliminates the credit time. The 7th Circuit agreed with its fellow Circuit courts.

The judges remanded for the District Court to sentence Perry to no more than two years imprisonment and to determine his conditions of supervision.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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