United States v. Wing

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Parole and Post-Prison Supervision
  • Date Filed: 06-21-2012
  • Case #: 11-30017
  • Judge(s)/Court Below: District Judge Moskowitz for the Court; Circuit Judge McKeown; Dissent by Judge Tallman
  • Full Text Opinion

“[A] district court lacks jurisdiction under 18 U.S.C. § 3583(e)(3) to revoke a term of supervised release based on newly discovered violations of a previously revoked term of supervised release.”

Michelle Wing was sentenced to six months in prison followed by five years of supervised release for embezzlement. The district court revoked her probation for violations of the conditions of probation, and sentenced her to three additional months in prison and a new period of thirty-three months of supervised release. Subsequently Wing was charged with twenty-two new counts related to the violation of the first period of supervised release. The district court revoked Wing’s second period of supervised release, from which she appealed. The Ninth Circuit concluded that the district court lacked jurisdiction to revoke her second supervised release, because the violation of the terms of Wing’s first period of supervised release was unrelated to the second period of supervised release. The Court analyzed 18 U.S.C. § 3583, and held that Congress intended to make separate periods of supervised release distinct from another, and that a violation of a term of one period of supervised release could not weigh on the modification or revocation of another period of supervised release. REVERSED and REMANDED.

Advanced Search