US v. Keith Nelson, No. 21-4250 (4th Cir. 2022)Annotate this Case
Defendant was convicted of two sex offenses in Illinois state court. Subsequently, Defendant failed to register as a sex offender and then pleaded guilty to knowingly failing to update his sex-offender registration. At a revocation hearing for a violation of supervisor release, Defendant was sentenced to 24 months of incarceration to be followed by five years of supervised release. The district court noted that this was the "statutory available sentence" and that it was also recommended under the U.S.S.G. Defendant did not object.
Defendant appealed, claiming that the district court misconstrued the sentencing guidelines and that there was no mandatory minimum term of supervised release. Reviewing for plain error, the Fourth Circuit agreed with Defendant. The language of Sec. U.S.C. Sec. 3583(h) is clear and the district court's misinterpretation affected Defendant's substantial rights.