United States v. Anthony Scott

U.S. Court of Appeals for the Eighth Circuit
United States v. Anthony Scott, 193 F. App'x 645 (8th Cir. 2006)

United States v. Anthony Scott

Opinion

PER CURIAM.

While Anthony Scott (Scott) was serving the supervised release portion of his federal sentence on a bank-robbery conviction, the district court 1 revoked supervised release and sentenced him to serve 8 months in prison and 24 additional months of supervised release. Scott appeals, arguing for the first time that the court erred by imposing additional supervised release because, under the law in effect in the jurisdiction where he was sentenced when he *646 committed his original offense in May 1994, 2 a revocation sentence including both imprisonment and additional supervised release was not permissible.

The district court did not commit error, plain or otherwise, in imposing a revocation sentence that included both imprisonment and additional supervised release, because at the time of Scott’s offense, 18 U.S.C. § 3583(e)(3) authorized such a revocation sentence. See Johnson v. United States, 529 U.S. 694, 702, 713, 120 S.Ct. 1795, 146 L.Ed.2d 727 (2000). Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw.

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

2

. Scott was sentenced in December 1994, in the Eastern District of Washington, to 140 months in prison and 3 years of supervised release. Jurisdiction over Scott was later transferred to the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Anthony SCOTT, Appellant
Status
Unpublished