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April 24, 2006

The Ninth Circuit on supervised release and Blakey-Booker

The Ninth Circuit today gives some extended treatment to the relationship between supervised release and the Blakely line of cases in US v. Huerta-Pimentel, No. 04-50037 (9th Cir. Apr. 24, 2006) (available here).  Here are the basics:

We conclude § 3583 supervised release is constitutional under Apprendi, Blakely, and Booker. Because supervised release is imposed as part of the sentence authorized by the fact of conviction and requires no judicial fact-finding, it does not violate the Sixth Amendment principles recognized by Apprendi and Blakely.  For the same reasons, a district court's decision to revoke supervised release and impose associated penalties is also constitutional.  Additionally, because the revocation of supervised release and imposition of an additional term of imprisonment is discretionary, neither violates Booker.  Accordingly, we affirm.

April 24, 2006 at 03:41 PM | Permalink

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