Wednesday, August 24, 2011

Tenth Circuit -- United States v. Hernandez

United States v. Hernandez

Statutory limit to resentencing for violations of supervised release is calculated per-offense, not cumulatively.

While title of statute refers to sex offenders, as the text does not so limit it, it applies across the board.

Statute does not risk endless cycle of incarceration, as although the prison sentences aren't aggregated, the supervised release sentences are. 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.