No. 22-5185

Thomas Creighton Shrader v. United States

Lower Court: Fourth Circuit
Docketed: 2022-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3583 18-usc-3742 double-jeopardy federal-bureau-of-prisons fifth-amendment sentencing-guidelines statutory-interpretation supervised-release
Key Terms:
FifthAmendment
Latest Conference: 2022-09-28
Question Presented (AI Summary)

When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Federal Prisoners, did The Fourth Circuit err in refusing to 'clarify' a term of Supervised Release must be executed within the sentence given by the Court based upon that persons guideline sentence and cannot be served ; after the prisoner discharges their maximum guideline range sentence in prison?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , . #1 When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Federal Prisoners, did The Fourth Circuit err in refusing to "clarify" a term of Supervised Release must be executed within the sentence given by the Court based upon that persons guideline sentence and cannot be served ; after the prisoner discharges their maximum guideline range sentence in prison? As there is no sentence remaining for Supervised Release, and execution would be a second sentence of punishment for the same conviction in violation of the Double Jeopardy clause of the Fifth Amendment, 18 ; : U.S.C. § 3742(a)(3) and 18 U.S.C. §3583(a) statutory directive, that a term of Supervised Release is imposed "as a part of the sentence" (to a term of imprisonment), and not in addition to said sentence? ; #2 Since Congress failed to give any direction, did The Fourth Circuit err in Failing to decide, (when a defendant receives a term of Supervised Release, "as a part of the sentence" to a term of imprisonment, pursuant to 18 U.S.C. § 3583(a)), is it the "duty" of the district court, or the } Federal Bureau of Prisons, to calculate the official execution date for release on Supervised Release prior to the discharge date of the } defendants full guideline sentence? : ; | #3 %In general 18 U.S.C. § 3583(a) requires the court in imposing a sentence | , to imprisonment may include, "as a part of the sentence" a requirement | that the defendant be placed on a term of Supervised Release after imprisonment. Was it error by The Fourth Circuit in failing to explain “how'' a defendant can be placed on a term of Supervised Release after . ! imprisonment if the defendant had to discharge their full guideline sentence before being released? , #4 Did The Fourth Circuit err in failing to rectify the district courts ; | erroneous conclusion that Petitioners sixty (60) month Supervised Release term was to be served after completion of his two hundred thirty five (235) month maximum guideline: sentence, instead of the sixty (60);month Supervised Release term being "la part" of the two hundred thirty five | (235) month guideline sentence as mandated by 18 U.S.C. §3583(a)? . (Cont. next page question #5) BS 5 QUESTION(S) PRESENTED ; : #5 Pursuant to 18 U.S.C. § 3583(a) in imposing a sentence to imprisonment the court shall include supervised release as "a part" of the sentence upon release. How can a defendant do any supervised release when the court .makes defendants ‘maximum issued guideline~ sentence the term of _ imprisonment and leaves no sentence remaining for the term of supervised , release, as defendants full guideline sentence has_beem-served ? . | TT

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondent United States to respond filed.
2022-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2022)

Attorneys

Thomas Creighton Shrader
Thomas Creighton Shrader — Petitioner
Thomas Creighton Shrader — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent