576 F. App'x 120
3rd Cir.2014Background
- Tyrone Bullock pleaded guilty to possession with intent to deliver ≥100 grams of heroin; sentenced to 168 months imprisonment and 5 years supervised release.
- During supervised release Bullock tested positive for heroin six times, admitted weekly heroin use, and failed multiple treatment and Intermediate Sanction Program sessions.
- Probation filed a violation petition alleging unlawful possession of a controlled substance, failure to submit to urinalysis/participate in treatment, and failure to complete the sanction program.
- The Violation Work Sheet indicated the possession allegation could be Grade B or C; the other violations were Grade C.
- At the revocation hearing Bullock admitted violations but argued his heroin use was a Grade C violation; the District Court found his habitual use and positive tests supported a finding of possession punishable under 21 U.S.C. § 844(a) and classified the violation as Grade B.
- The District Court sentenced Bullock to 21 months (bottom of the guideline range for Grade B); Bullock appealed arguing inadequate notice and improper application of enhanced punishment without § 851 notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bullock received adequate written notice that he faced a Grade B violation for drug possession | Bullock: petition only alleged violations of supervised release conditions (Grade C), so no notice of Grade B possession | Govt: petition and positive tests + admission sufficiently described conduct underlying possession | Court: Adequate notice — written allegations and tests/admission put Bullock on notice of possible possession charge (citing prior circuit precedent) |
| Whether the court could treat the possession as punishable by >1 year (Grade B) absent a § 851 enhancement notice | Bullock: § 851 required before treating prior convictions as predicates to increase punishment | Govt: § 851 applies to convictions at trial, not to grading conduct for supervised-release revocation; Guidelines ask whether conduct would be punishable by >1 year | Court: § 851 not required in revocation context; court permissibly treated Bullock as repeat offender for grading purposes and found a Grade B violation |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (establishing procedural protections for parole revocation and that full criminal-trial rights do not apply)
- United States v. Sistrunk, 612 F.3d 988 (notice sufficient if defendant understands nature of alleged violation)
- United States v. Gordon, 961 F.2d 426 (urinalysis evidence can provide notice and support finding of possession)
- United States v. Blackston, 940 F.2d 877 (drug use evidenced by urinalysis is circumstantial evidence of possession)
- United States v. Bungar, 478 F.3d 540 (repeat offender status can make simple possession punishable by more than one year)
- United States v. Lewis, 597 F.3d 1345 (discussing § 851's role in informing plea/trial decisions)
- United States v. Maloney, 513 F.3d 350 (standard of review for supervised-release revocation issues)