Federal Sentencing Tips

Feb

High Court Takes On Supervised Release Revocations

In a recent article for Law360, Alan Ellis, Mark Allenbaugh, Doug Passon and Jonathan Edelstein discuss United States v. Haymond, 869 F.3d 1153, a case before the Supreme Court on February 26, 2019. The court will determine whether the Constitution precludes a judge from imposing “heightened punishment on [defendants out on supervised release] based, not on their original crimes of conviction, but on new conduct for which they have not been convicted by a jury beyond a reasonable doubt.”

We argue that should the court affirm Haymond and hold such a revocation and reimprisonment unconstitutional, the decision will have far-reaching implications not just for sex offenders, but for the tens of thousands of individuals currently on supervised release and perhaps even add another nail in the coffin of judicial sentencing based on uncharged conduct not found beyond a reasonable doubt.

Click to read the article.

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About Alan Ellis
Alan Ellis is a criminal defense lawyer with offices in San Francisco and New York, with 50 years of experience as a practicing lawyer, law professor and federal law clerk. He is a nationally recognized authority in the fields of federal plea bargaining, sentencing, prison matters, appeals, habeas corpus 2255 motions and international criminal law.

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