Trial court can set terms for parolees

Trial court can set terms for parolees

A district court has authority to impose additional supervised release terms and imprisonment on a parolee who previously violated supervised release terms.

The defendant was convicted in North Carolina Superior Court for attempting to traffic in cocaine and maintain a place for controlled substances during his supervised release term.

The U.S. District Court revoked his current supervised release terms and imposed an additional 18 months of prison time, plus a 30month supervised release.

The applicable federal statute in this case provided several situations in which a release term could be altered. Under the law, courts are authorized in certain circumstances to “terminate” or “revoke” a supervised release term if the parolee is found to have violated a condition of his supervised release.

Following Supreme Court precedent, the circuit court held that “terminate” means unequivocally that a release term is ended. “Revoke,” in contrast, leaves open the possibility that some portion of the supervised release term could continue. The court also pointed out that the Supreme Court held postrevocation sentences are sentences for the original crime, not punishment for the violation of the terms of supervised release.

Inf.: U.S. v. Fareed, 01-4831, 4th Circ., July 10.

Copyright Washington Crime News Service Aug 30, 2002

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