United States v. Clarence J. Hobbs

U.S. Court of Appeals for the Eleventh Circuit
United States v. Clarence J. Hobbs, 981 F.2d 1198 (11th Cir. 1993)
1993 U.S. App. LEXIS 934; 1993 WL 1759

United States v. Clarence J. Hobbs

Opinion

PER CURIAM:

Clarence Hobbs received a four-month sentence in a halfway house, followed by a three-year probation, for one count of bank fraud under 18 U.S.C. § 1344. Later, Hobbs violated the terms of his probation. After a hearing, the district court resen-tenced Hobbs to six months’ imprisonment, followed by a two-year term of supervised release. Hobbs appeals, arguing that the district court had no authority to include a supervised release period after the revocation of probation.

Pursuant to 18 U.S.C. § 3565(a)(2), if a defendant violates a probation condition, the district court may revoke probation and “impose any other sentence that was available under subchapter A [18 U.S.C. §§ 3551-59] at the time of the initial sentencing.” In turn, 18 U.S.C. § 3551(b)(3) provides that a defendant may be sentenced to “a term of imprisonment as authorized by subchapter D [§§ 3581-86].” And Subchapter D, § 3583(a) says that the court “may include as part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment.” So, district courts are authorized to impose a period of supervised release as a consequence of probation revocation.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Clarence J. HOBBS, Defendant-Appellant
Cited By
10 cases
Status
Published