United States v. Percy Dillon
725 F.3d 362
3rd Cir.2013Background
- Dillon was convicted in 1993 of conspiracy to distribute crack and cocaine, and related offenses, and sentenced to 322 months plus a five-year supervised release term.
- The 1993 judgment stated the five-year term of supervised release would follow imprisonment; the written judgment used similar language.
- Dillon’s sentence was later reduced in 2008 and 2011, but he remained released in November 2011.
- In December 2011, Dillon’s car stop led to discovery of over 65 pounds of marijuana, followed by charged supervised-release violations.
- The district court held three Grade C violations and sentenced Dillon to three consecutive imprisonment terms and three concurrent supervised-release terms upon revocation, which Dillon challenged on appeal.
- The Third Circuit agreed the revocation sentence was improper and vacated/remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1993 sentence created multiple supervised-release terms. | Dillon argues the court imposed a single term. | Government contends three concurrent terms were intended by the court. | Yes; the court erred in imposing multiple terms. |
| Whether plain error occurred in revocation sentence. | Dillon objects to the multiple terms as plain error. | Government argues no error or nonplain error. | Yes; plain error recognized and corrected on appeal. |
| Appropriate remedy on remand given erroneous revocation sentence. | Remand for resentencing to correct term count. | Remand and possible reimposition within statutory limits. | Remand for resentencing to cure error. |
Key Cases Cited
- United States v. Olano, 507 U.S. 725 (1993) (plain-error standard for review)
- United States v. Eskridge, 445 F.3d 930 (7th Cir. 2006) (clerical error vs judicial error in supervised-release terms)
- United States v. Snyder, 635 F.3d 956 (7th Cir. 2011) (single term of supervised release; limits on reimprisonment)
- United States v. Vazquez-Lebron, 582 F.3d 443 (3d Cir. 2009) (relief for erroneous revocation sentence to maintain fairness)
- United States v. Moore, 375 F.3d 259 (3d Cir. 2004) (plain-error evaluation where sentence unambiguously contravenes law)
- United States v. Knobloch, 131 F.3d 366 (3d Cir. 1997) (plain-error sentencing language clarity)
- United States v. Leonard, 157 F.3d 343 (5th Cir. 1998) (plain-error sentencing language clarity)
- Johnson v. United States, 529 U.S. 694 (2000) (retroactivity of §3583(h) and supervised release)