United States v. Hernandez, No. 10-8086 (10th Cir. 2011)Annotate this Case
Defendant Brice Hernandez was originally convicted of possessing an unregistered firearm seven years ago, for which he served time and won supervised release. Subsequently, he violated the conditions imposed on his release four more times and was reincarcerated each time. In his appeal to the Tenth Circuit, Defendant sought to “undo” his last prison sentence in part because the last sentence did not include supervised release, and partly based on his contention that the district court’s application of 18 U.S.C. 3583(e)(3) meant defendants like him would be trapped in an endless cycle of imprisonment and release. “[A]s endless as [Defendant’s] cycle of revocation and release may have once seemed, it, like all things, must and does come to an end.” The Tenth Circuit affirmed the district court’s decision and Defendant’s latest sentence.