United States v. McIntosh
630 F.3d 699
7th Cir.2011Background
- McIntosh was convicted of escaping federal custody, receiving 41 months’ imprisonment and three years of supervised release.
- He completed imprisonment in 2006, began supervised release, and violated it by criminal conduct, leading to a 14-month reimprisonment and 22 months’ supervised release in 2007.
- After completing the first reimprisonment, he again began supervised release in 2008 and faced a second revocation in 2009 based on extensive false-identity and travel-and-financial transactions evidence.
- At a three-day revocation hearing, the government introduced records showing false IDs, bank accounts opened in another’s name, tax refunds filed fraudulently, and extensive reporting and restitution failures.
- The district court revoked supervised release and imposed 16 months’ imprisonment followed by six months’ (later modified) supervised release.
- McIntosh argued the 16-month term violated Apprendi because the aggregate term exceeded the statutory maximum for his underlying offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Apprendi applicability to supervised-release revocation | McIntosh argues Apprendi requires jury fact-finding for total term. | McIntosh contends §3583 revocation penalties exceed maximum when added to initial sentence. | Apprendi does not apply to §3583 revocation penalties. |
| Authority to impose imprisonment after revocation | Total term may exceed underlying maximum; Apprendi applies. | District court may impose reimprisonment under §3583 following revocation. | District court may impose additional imprisonment under §3583; no Apprendi violation. |
| Sufficiency of evidence for revocation | Evidence showed multiple violations (false IDs, restitution, reporting, travel). | McIntosh challenges false-ID evidence and restitution compliance. | There is a preponderance of evidence supporting revocation. |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts increasing maximum must be juried and proved beyond reasonable doubt)
- United States v. Colt, 126 F.3d 981 (7th Cir. 1997) ( §3583 structure allows imprisonment beyond initial term upon revocation)
- United States v. Cunningham, 607 F.3d 1264 (11th Cir. 2010) (supervised release framework as part of original sentence)
- United States v. Work, 409 F.3d 484 (1st Cir. 2005) (recognizes no Apprendi violation in supervised-release revocation)