United States v. Hunt
2012 U.S. App. LEXIS 5897
| 10th Cir. | 2012Background
- Hunt initially served a 41‑month firearm sentence and began a 3‑year term of supervised release.
- About six months into supervised release, Hunt violated a drug‑testing condition and the court revoked the release, sentencing him to 1 year and 1 day in prison followed by two years minus a day of supervised release.
- After release, Hunt again violated a condition, and the court revoked supervised release, sentencing him to 1 year and 1 day in prison followed by two years minus a day of supervised release.
- Following a third round of drug testing violations, the court ordered outpatient treatment instead of more prison time, then later ordered inpatient treatment for 90 days after further violations.
- Before completing the inpatient program, Hunt was discharged for violent behavior, and the district court revoked his supervised release for the third and final time, sentencing him to 18 months in prison with no additional supervised release.
- Hunt appealed arguing that prison time from prior revocations should be credited against the current revocation sentence under § 3583(e)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3583(e)(3) requires credit for time served on prior revocations | Hunt argues aggregation applies; prior revocation time must reduce current term. | Hunt contends time served on prior revocations should be credited against the new term. | No aggregation required; no credit for prior revocations when imposing a new revocation sentence. |
Key Cases Cited
- United States v. Hernandez, 655 F.3d 1193 (10th Cir. 2011) (eliminated aggregation of revocation imprisonment under § 3583(e)(3))
- United States v. Hampton, 633 F.3d 334 (5th Cir. 2011) (agrees that § 3583(e)(3) does not require aggregation)
- United States v. Martinez, 518 F.3d 763 (10th Cir. 2008) (different parts of statute may have different meanings when language differs)