United States of America, Plaintiff-appellee, v. Clarence J. Hobbs, Defendant-appellant, 981 F.2d 1198 (11th Cir. 1993)Annotate this Case
Jan. 22, 1993
Suzanne Hashimi, Federal Defender Program, Inc., Atlanta, GA, for defendant-appellant.
Thomas A. Devlin, Jr., Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before TJOFLAT, Chief Judge, EDMONDSON and BLACK, Circuit Judges.
Clarence Hobbs received a four-month sentence in a halfway house, followed by a three-year probation, for one count of bank fraud under 18 U.S.C. § 1344. Later, Hobbs violated the terms of his probation. After a hearing, the district court resentenced Hobbs to six months' imprisonment, followed by a two-year term of supervised release. Hobbs appeals, arguing that the district court had no authority to include a supervised release period after the revocation of probation.
Pursuant to 18 U.S.C. § 3565(a) (2), if a defendant violates a probation condition, the district court may revoke probation and "impose any other sentence that was available under subchapter A [18 U.S.C. §§ 3551-59] at the time of the initial sentencing." In turn, 18 U.S.C. § 3551(b) (3) provides that a defendant may be sentenced to "a term of imprisonment as authorized by subchapter D [§§ 3581-86]." And Subchapter D, § 3583(a) says that the court "may include as part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment." So, district courts are authorized to impose a period of supervised release as a consequence of probation revocation.