United States v. Simmons, No. 22-2485 (3d Cir. 2023)
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Simmons pleaded guilty to Transportation with Intent to Engage in Criminal Sexual Activity and was sentenced to 210 months of imprisonment and a lifetime of supervised release. After beginning his supervised release, Simmons choked, punched, and threatened to throw hot grease at his mother. Simmons held both his mother and his girlfriend against their will as he trashed his mother's apartment and threw hot grease. The next day, Simmons’ mother was at the home of a friend. Simmons arrived wearing a mask and fired a gunshot through the front door into an occupied room. A home security camera captured video and audio, including Simmons stating, “Next time I’m going to kill everybody.” Simmons’ mother told his probation officer that Simmons did not live with her, despite him having listed her address as his own with Pennsylvania’s sex offender registry.
The U.S. Probation Office alleged four violations of his supervised release: the two violent incidents, failure to update his address with the sex offender registry, and possession of a firearm. The district court found Simmons violated the terms of his release and sentenced him to 21 months’ imprisonment followed by a reimposed life term of supervised release. The Third Circuit affirmed, rejecting Simmons’s arguments that the court violated 18 U.S.C. 3583(h) by not subtracting the 21 months from his life term of supervised release and that the imposition of a life term of supervised release was substantively unreasonable.
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