Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Knight

September 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DOUGLAS JAMES KNIGHT, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the District of Montana. Charles C. Lovell, District Judge, Presiding. D.C. No. 6:04-CR-00002-CCL.

The opinion of the court was delivered by: Pregerson, Circuit Judge

FOR PUBLICATION

OPINION

Argued and Submitted July 6, 2009 -- Portland, Oregon

Before: Harry Pregerson, Pamela Ann Rymer and A. Wallace Tashima, Circuit Judges.

Douglas Knight ("Knight") appeals his sentence of twenty-four months imprisonment and twelve months supervised release, imposed after the district court revoked Knight's supervised release for a third time. Revocation of a defendant's supervised release is governed by 18 U.S.C. § 3583. Congress amended § 3583 in 2003. See Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 ("PROTECT Act"), Pub. L. 108-21, § 101, 117 Stat. 650, 651. The 2003 Amendment to § 3583 altered the portions of § 3583 that address the maximum terms of imprisonment and supervised release that can be imposed following revocation of a defendant's supervised release. Because of the 2003 Amendment, this case presents us with two issues of first impression in this circuit:

(1) Whether under the amended version § 3583(e)(3) the district court must reduce the maximum term of imprisonment to be imposed upon revocation of a defendant's supervised release by the aggregate length of any and all terms of imprisonment imposed upon revocation of supervised release.

(2) Whether under the amended version of § 3583(h) the district court must reduce the maximum term of supervised release to be imposed upon revocation of a defendant's supervised release by the aggregate length of any and all terms of imprisonment imposed upon revocation of supervised release.

We have jurisdiction pursuant to 28 U.S.C. § 1291. We review questions of statutory interpretation de novo. United States v. Ray, 484 F.3d 1168, 1170 (9th Cir. 2007). We affirm Knight's sentence of twenty-four months imprisonment, but we reverse Knight's sentence of twelve months supervised release, and vacate and remand for resentencing.

I.

On April 27, 2004, Knight pleaded guilty to violating 18 U.S.C. § 922(j) (Possession of Stolen Firearms).*fn1 Knight was sentenced to eighteen months imprisonment and thirty-six months supervised release.*fn2

On October 6, 2005, Knight began serving his term of supervised release. On February 16, 2006, the district court revoked Knight's supervised release for the first time (the "First Revocation"). The district court sentenced Knight to nine months imprisonment and twenty-seven months supervised release.*fn3

On October 14, 2006, Knight began to serve his second term of supervised release. On October 3, 2007, the district court revoked Knight's supervised release for the second time (the "Second Revocation"). The district court sentenced Knight to nine months imprisonment and eighteen months supervised release.

On May 5, 2008, Knight began serving his third term of supervised release. On September 19, 2008, the district court revoked Knight's supervised release for a third time (the "Third Revocation"). The district court sentenced Knight to the statutory maximum of twenty-four months imprisonment and twelve months supervised release.*fn4 Knight objected to the district court's sentence on the grounds that the district court improperly calculated the statutory maximum terms of imprisonment and supervised release. This timely appeal followed.

II.

The first issue we must determine is whether under 18 U.S.C. ยง 3583(e)(3), as amended by Congress in 2003, the maximum term of imprisonment that can be imposed on a defendant following revocation of his supervised release must be reduced by the aggregate length of any and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.