United States v. Ivory Mosby
2013 U.S. App. LEXIS 13304
| 8th Cir. | 2013Background
- Mosby was convicted of being a felon in possession of ammunition, sentenced to 15 years’ imprisonment and 5 years’ supervised release.
- Although his prison term ended September 14, 2007, he remained in federal custody pending § 4248 civil commitment proceedings, which were later dismissed.
- In November 2010 Mosby was released from custody and began supervised release under a joint stipulation; he moved for termination in October 2012.
- The district court denied the termination motion and Mosby appealed, arguing the term began in 2007 or, alternatively, that equitable factors favored termination.
- The court of appeals ultimately affirmed, holding the supervised release commenced when he was freed from confinement (November 15, 2010) and not in 2007.
- The court also held the district court did not abuse its discretion in denying termination on equitable grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did supervised release commence under § 3624(e)? | Mosby: commenced in 2007 during civil detention. | USA: commenced when freed from confinement (Nov 2010). | Commencement began Nov 15, 2010. |
| Does § 4248 civil detention affect the commencement timing? | Mosby civil detention equates to non-imprisonment but counts as release. | Detention under § 4248 does not trigger commencement. | No; Johnson controls and confinement ends when freed. |
| Should Johnson control over Turner as to commencement timing? | Turner supports earlier commencement after civil detention. | Johnson governs; no ambiguity, no rule of lenity. | Johnson controls; commencement upon release from confinement. |
| Was the decision to deny termination of supervised release an abuse of discretion? | Equitable factors warrant early termination due to civil detention and positive transition. | District court had broad discretion; no explicit reasoning required. | No abuse of discretion; denial affirmed. |
Key Cases Cited
- United States v. Johnson, 529 U.S. 53 (Supreme Court 2000) (interpretation of 'released from imprisonment' in § 3624(e))
- United States v. Comstock, 130 S. Ct. 1949 (S. Ct. 2010) (constitutional exercise of congressional power under Necessary and Proper Clause)
- Turner v. United States, 689 F.3d 1117 (9th Cir. 2012) (panel majority distinguished Johnson re pre-release detention)
- Bolander v. United States, 487 F. App’x 349 (9th Cir. 2012) (panel case addressing commencement with civil detention)
- United States v. Davies, 380 F.3d 329 (8th Cir. 2004) (abuse of discretion standard for termination of supervised release)
- United States v. Hacker, 450 F.3d 808 (8th Cir. 2006) (jurisdiction to supervise under 18 U.S.C. § 3583)