United States v. Marshall, No. 18-2267 (6th Cir. 2020)
Annotate this CaseIn 2008, Marshall pleaded guilty to conspiring to distribute oxycodone and was sentenced to 118 months of prison plus six years of supervised release. After completing his sentence, Marshall began supervised release. Although required to stay in Kentucky, Marshall moved to Illinois, violating a release condition. The district court briefly revoked Marshall’s release. Marshall moved, with permission, to Michigan. For the next year, Marshall made progress. The probation office recommended an early end to his supervised release. Marshall filed an unopposed motion to end the supervision. The court denied his request, reasoning that Marshall had completed little of the release term and had violated the conditions before. The Sixth Circuit dismissed the appeal for lack of jurisdiction. There is no statute authorizing the review of a district court’s decision to deny a motion for early termination of supervised release. The court reviewed the challenges available under 18 U.S.C. 3742(a) and concluded that none of the four categories applies. Marshall never appealed his original or his new sentence; the district court did not issue a new sentence or an amended sentence before this appeal. It merely denied Marshall’s request to reduce the supervised release provision in his sentence.
The court issued a subsequent related opinion or order on March 26, 2020.
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