Sentencing – Supervised Released

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7^th Circuit Court of Appeals

Case Name: United States of America v. Derrick Phillips

Case No.: 18-1372

Officials: WOOD, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.

Focus: Sentencing – Supervised Released

In this appeal, Derrick Phillips is challenging the district court’s decision to revoke his supervised release. He argues that the drug evidence used against him was the fruit of an unconstitutional search and should have been excluded. Guided by the Supreme Court’s opinion in Pennsylvania Board of Probation and Parole v. Scott, 524 U.S. 357 (1998), which held that the exclusionary rule does not apply to state parole-revocation hearings, the district court ruled that the exclusionary rule was similarly inappropriate for supervised-release-revocation hearings. The court then reviewed the evidence presented by the government and concluded that Phillips’s supervised release should be revoked and that he should be sentenced to 36 months’ imprisonment. Before this court, Phillips contests only the district court’s ruling on the exclusionary rule issue. We affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.