United States v. Handley, No. 11-3231 (10th Cir. 2012)
Annotate this CaseAppellant Derrick Handley appeals his sentence, following revocation of his supervised release and imposition of a new term of incarceration of twelve months and supervised release of four years, on grounds his supervised release exceeds the amount allowed by law under 18 U.S.C. 3583(h). Appellant pled guilty to one count of distributing more than five grams of crack cocaine for which he was sentenced to seventy-two months imprisonment and four years of supervised release, to begin in early 2008. Jurisdiction for his term of supervised release was transferred to the federal district court in Kansas. Over the next few years, Appellant would appear before the Kansas court for multiple violations of the terms of his release. The release was revoked, and Appellant was sentenced again for another term of imprisonment followed by additional years of supervised release. After a third violation of the terms of his release, Appellant was again sentenced to prison and another term of supervised release. Appellant appealed the last prison term and supervised release period on the grounds that the district court exceeded the maximum amount allowable by law under 18 U.S.C. 3583(h). Upon review, the Tenth Circuit disagreed that the district court exceeded its discretion in sentencing Appellant, and affirmed his sentence.
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