United States v. Clarence J. Hobbs

981 F.2d 1198, 1993 U.S. App. LEXIS 934, 1993 WL 1759

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 22, 1993
• Docket: 92-8380
• Status: Published

Opinion

PER CURIAM:

Clarence Hobbs received a four-month sentence in a halfway house, followed by a three-year probation, for one count of bank fraud under 18 U.S.C. § 1344. Later, Hobbs violated the terms of his probation. After a hearing, the district court resen-tenced Hobbs to six months’ imprisonment, followed by a two-year term of supervised release. Hobbs appeals, arguing that the district court had no authority to include a supervised release period after the revocation of probation.

Pursuant to 18 U.S.C. § 3565(a)(2), if a defendant violates a probation condition, the district court may revoke probation and “impose any other sentence that was available under subchapter A [18 U.S.C. §§ 3551-59] at the time of the initial sentencing.” In turn, 18 U.S.C. § 3551(b)(3) provides that a defendant may be sentenced to “a term of imprisonment as authorized by subchapter D [§§ 3581-86].” And Subchapter D, § 3583(a) says that the court “may include as part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment.” So, district courts are authorized to impose a period of supervised release as a consequence of probation revocation.

AFFIRMED.