Revocation – Procedural Error

By: Derek Hawkins//August 26, 2015//

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Criminal

7^th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and POSNER and WILLIAMS, Circuit Judges

Revocation – Procedural Error

No. 14-3452 United States of America v. Brian Ford

Appellant brings several unsuccessful arguments alleging error in connection with his repeated violations of extended supervision.

“While we give Ford full marks for creativity, his reading of § 3583(e)(3) makes hash of the larger statutory scheme. The provision refers to “offense[s],” but violations of supervised release need not be criminal in nature: a defendant can violate the terms of his supervised release without committing a statutorily defined crime. See, e.g., United States v. Marvin, 135 F.3d 1129, 1131–32 (7th Cir. 1998) (discussing violation of special condition not to obtain loans or open new bank accounts). Thus, § 3583(e)(3)’s reference to “offense” must signify the offense for which the defendant was initially placed on supervised release.”

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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