United States v. Tony Bernard Franklin
21-11049
| 11th Cir. | Apr 14, 2022Background
- Franklin pleaded guilty to: (1) possession with intent to distribute cocaine (21 U.S.C. § 841(b)(1)(C)) and (2) carrying a firearm in furtherance of a drug‑trafficking crime (18 U.S.C. § 924(c)).
- He was sentenced to consecutive prison terms (57 months on Count 1; 60 months on Count 2) followed by 5 years of supervised release.
- The district court found Franklin committed three violations of supervised release based on new state offenses and revoked supervised release.
- The court imposed a revocation sentence of 30 months’ imprisonment followed by 36 months’ supervised release; neither party objected to the supervised‑release term at the revocation hearing.
- Franklin appealed, arguing the 36‑month supervised‑release term exceeded the maximum authorized under 18 U.S.C. § 3583(h) after accounting for the imprisonment imposed on revocation.
- The Eleventh Circuit reviewed for plain error and affirmed, holding that § 841(b)(1)(C) and controlling precedent require or permit the 36‑month term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 36‑month supervised‑release term imposed after revocation exceeded the statutory maximum under 18 U.S.C. § 3583(h) | Franklin: § 3583(b) caps supervised release at 36 months (Count 1) and 60 months (Count 2); § 3583(h) reduces those maxima by the imprisonment imposed on revocation, so at most concurrent 6 months (Count 1) and 30 months (Count 2) were permissible | Government/District Court: § 841(b)(1)(C) expressly provides for a supervised‑release term of at least 3 years and falls within § 3583(b)’s exception, so a 36‑month term is authorized | Affirmed: § 841(b)(1)(C)’s supervised‑release term governs; under controlling precedent the 36‑month term was statutorily authorized and no plain error occurred |
Key Cases Cited
- United States v. Moore, 22 F.4th 1258 (11th Cir. 2022) (plain‑error review standard)
- United States v. Smith, 967 F.3d 1196 (11th Cir. 2020) (§ 924(c) conviction constitutes a Class A felony)
- United States v. Gerrow, 232 F.3d 831 (11th Cir. 2000) ( § 841(b)(1)(C) imposes at least three years of supervised release)
- United States v. Sanchez, 269 F.3d 1250 (11th Cir. 2001) (en banc) (§ 3583(b) does not limit the supervised‑release term required by § 841(b)(1)(C))
- United States v. Duncan, 400 F.3d 1297 (11th Cir. 2005) (abrogated in part on other grounds)