No. 23-5631

Jason M. Moriarty v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-09-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-10-27
Question Presented (AI Summary)

When revoking multiple terms of supervised release, may the court run the service in prison on each term consecutively to exceed the maximum authorized for one term?

Question Presented (OCR Extract)

QUESTION PRESENTED Title 18, Section 3583(e)(8) authorizes the district court to “revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release,” except the court may not require service in prison of more than a specific number of years, depending on the classification of the original offense. For example, if the original offense was a Class C or D felony, the maximum service in prison upon revocation is two years. 18 U.S.C. § 3583(e)(8). Title 18, Section 3624(e) requires that multiple terms of supervised release run concurrently, and is “part of ‘the term of supervised release,” Johnson v. United States, 529 U.S. 694, 705 (2000). The question presented is: When revoking multiple terms of supervised release and requiring a defendant “to serve in prison all or part of the term of supervised release,” may the court run the “serv[ice] in prison” on each term consecutively to achieve an aggregate length of “serv[ice] in prison” that exceeds the maximum authorized for one term? 1

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent United States to respond filed.
2023-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)
2023-09-11
Application (23A125) denied by Justice Thomas.
2023-09-06
Application (23A125) to extend further the time from September 19, 2023 to October 19, 2023, submitted to Justice Thomas.
2023-08-14
Application (23A125) granted by Justice Thomas extending the time to file until September 19, 2023.
2023-08-08
Application (23A125) to extend the time to file a petition for a writ of certiorari from August 20, 2023 to September 20, 2023, submitted to Justice Thomas.

Attorneys

Jason Moriarty
Lynn Palmer BaileyFederal Public Defender, Petitioner
Lynn Palmer BaileyFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent