Summary
holding that, after revocation of probation, district court had the authority to sentence the defendant to a term of imprisonment plus a term of supervised release pursuant to § 3583
Summary of this case from U.S. v. MarlowOpinion
No. 92-8380. Non-Argument Calendar.
January 22, 1993.
Suzanne Hashimi, Federal Defender Program, Inc., Atlanta, GA, for defendant-appellant.
Thomas A. Devlin, Jr., Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before TJOFLAT, Chief Judge, EDMONDSON and BLACK, Circuit Judges.
Clarence Hobbs received a four-month sentence in a halfway house, followed by a three-year probation, for one count of bank fraud under 18 U.S.C. § 1344. Later, Hobbs violated the terms of his probation. After a hearing, the district court resentenced Hobbs to six months' imprisonment, followed by a two-year term of supervised release. Hobbs appeals, arguing that the district court had no authority to include a supervised release period after the revocation of probation.
Pursuant to 18 U.S.C. § 3565(a)(2), if a defendant violates a probation condition, the district court may revoke probation and "impose any other sentence that was available under subchapter A [18 U.S.C. § 3551-59] at the time of the initial sentencing." In turn, 18 U.S.C. § 3551(b)(3) provides that a defendant may be sentenced to "a term of imprisonment as authorized by subchapter D [ §§ 3581-86]." And Subchapter D, § 3583(a) says that the court "may include as part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment." So, district courts are authorized to impose a period of supervised release as a consequence of probation revocation.
AFFIRMED.