United States v. Bussey, No. 13-1180 (2d Cir. 2014)Annotate this Case
Defendant appealed from a conviction for violating a condition of supervised release imposed in connection with his earlier conviction for possession of a firearm by a convicted felon. The district court sentenced defendant to an additional two-term of supervision for the violation. On appeal, defendant argued that the district court lacked jurisdiction because his original three-year term of federal supervision expired before the challenged judgment was entered and while he was incarcerated for a violation of state parole. In this instance, defendant's parole obligation derived directly from his state criminal conviction, and his violation required him to continue serving the sentence imposed for that conviction from which he had earlier been released. Therefore, the court held that defendant's New York incarceration was "in connection" with his underlying conviction for unlawful weapon possession, and that, as such, the district court still had jurisdiction to revoke his federal supervision. Accordingly, the court affirmed the judgment of the district court.