Thomas Creighton Shrader v. United States
#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 "a part" of the two hundred thirty five (235) month guideline sentence as mandated by 18 U.S.C. §3583(a)?
#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 been served?
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?