United States v. Campbell, No. 17-10561 (9th Cir. 2019)
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The Ninth Circuit affirmed defendant's sentence imposed upon revocation of multiple supervised release terms. The panel held that Chapter 7 of the United States Sentencing Guidelines does not preclude the imposition of consecutive sentences under these circumstances.
The panel held that neither the negative pregnant principle nor the rule of lenity served to deprive the district court of its discretionary authority under 18 U.S.C. 3584(a) to impose consecutive terms of imprisonment following revocation of concurrent supervised release terms. In this case, the district court acted within the discretion conferred upon it by section 3584(a) when it imposed consecutive terms of imprisonment following revocation of multiple supervised release terms. Accordingly, the panel affirmed defendant's sentence.
Court Description: Criminal Law. Affirming a sentence imposed upon revocation of multiple supervised release terms, the panel held that neither the negative pregnant principle nor the rule of lenity deprives a sentencing court of its discretionary authority under 18 U.S.C. § 3584(a) to impose consecutive terms of imprisonment following revocation of concurrent supervised release terms. The panel held because the district court acted within its discretion in imposing consecutive sentences, no plain error occurred. Dubitante, Judge Berzon wrote to encourage the U.S. Sentencing Commission to resolve the anomaly in the Sentencing Guidelines, which are far from lucid in this scenario in which the district court turned the defendant’s single violation of the conditions of his concurrent supervised release terms into multiple, consecutive terms of confinement, resulting in a prison sentence that is longer than the original term of imprisonment. UNITED STATES V. CAMPBELL 3
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