U.S. Court of Appeals for the Eleventh Circuit, 2008

United States v. Harold Lee Andreu

U.S. Court of Appeals for the Eleventh Circuit · Decided April 30, 2008 · Birch, Dubina, Hill, Per Curiam

275 F. App'x 889

Opinion

PER CURIAM:

Appellant Harold Lee Andreu appeals his 30-month sentence for violation of his supervised release. He argues that the sentence imposed by the district court is a general one which is per se illegal. Because no clearly established rule of law in this circuit or any other circuit in the country holds that a general sentence cannot be imposed for a violation of supervised release, 1 we conclude that the district court did not commit plain error. Accordingly, we affirm Andreu’s sentence.

AFFIRMED.

. We have held that a general sentence imposed on a judgment of conviction is per se illegal. See United States v. Moriarty, 429 F.3d 1012, 1025 (11th Cir. 2005). However, we have never extended the holding of Moriarty to a term of imprisonment imposed on a revocation of supervised release.

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