United States v. Thomas Page, United States of America v. Daryl Fullum

131 F.3d 1173
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 4, 1998
Docket96-4329, 96-4345
StatusPublished
Cited by35 cases

This text of 131 F.3d 1173 (United States v. Thomas Page, United States of America v. Daryl Fullum) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Thomas Page, United States of America v. Daryl Fullum, 131 F.3d 1173 (6th Cir. 1998).

Opinions

CONTIE, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. MERRITT, J. (pp. 1181-1185), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CONTIE, Circuit Judge.

Defendants-appellants, Thomas Page and Daryl Fullum, appeal the district court’s imposition of a subsequent term of supervised release as part of their sentences for violating the conditions of their original terms of [1174]*1174supervised release. Both defendants pled guilty to distribution of cocaine and were sentenced to a term of imprisonment to be followed by a term of supervised release. After serving their prison terms, they were released from incarceration and began serving their terms of supervised release. Both defendants Page and Fullum then violated the conditions of their supervised release. The United States petitioned that their supervised release be revoked due to the violations, and the district court granted the petitions. Fullum was sentenced to eight months’ imprisonment for violating the conditions of his supervised release to be followed by the remaining portion of his original five-year term of supervised release. Page was sentenced to six months’ imprisonment to be followed by the remaining portion of his original three-year term of supervised release. Defendants agree that the district court had the authority to revoke their supervised release and to sentence them to jail for violating the conditions of their supervised release pursuant to 18 U.S.C. § 3583(e)(3). However, they contend that after their release from prison, the imposition of the remainder of their terms of supervised release pursuant to 18 U.S.C. § 3583(h) violates the Ex Post Facto Clause because § 3583(h) was passed after they were initially sentenced for their drug offenses, and it increases their punishment. Defendant Fullum raises two additional arguments: (1) that the district court in its initial sentence incorrectly classified his offense as a Class B rather than as a Class C felony; and (2) that his term of supervised release must be reduced from five years to three years due to the error in the classification of his offense.

I. Ex Post Facto Argument

This consolidated appeal arises because Congress recently amended several statutes governing supervised release that alter previous law. The first statute at issue is 18 U.S.C. § 3583(h); the amendment, subsection (h), enables a district court to reinstate the remainder of the original term of supervised release as part of the sentence imposed after a defendant has violated the conditions of his original term of supervised release and has been imprisoned for the violations. Prior to being amended by subsection h, the statute stated that the court could “revoke a term of supervised release, and require the person to serve in prison all or part of the term of supervised release.... ” 18 U.S.C. § 3583(e)(3). This court interpreted the language of the prior statute in United States v. Truss, 4 F.3d 437 (6th Cir.1993), and held that although section 3583(e)(3) permitted the court to impose imprisonment after revoking a term of supervised release, it did not permit the court to impose a subsequent term of supervised release after the term of imprisonment had been served. Thus, under prior case law in this circuit, although defendants could have been imprisoned for violating the conditions of their supervised release, no subsequent term of supervised release could have been imposed after their prison term ended.

On September 13, 1994, Congress, in effect, superseded this court’s opinion in United States v. Truss by enacting section 3583(h), which explicitly states that the remainder of the original term of supervised release may be reinstated after imprisonment for violating the conditions of supervised release.1 Therefore, in the present case, after defendants violated the conditions of their supervised release, the district court acted accordingly and pursuant to section 3583(h) did the following. The district court found that defendant Fullum had violated the conditions of his supervised release and imposed a sentence of imprisonment for eight months. The court’s order then stated: “It is further ordered that following defendant’s term of incarceration, defendant will be [1175]*1175placed on supervised release, said term of supervised release to expire on February 24, 1999, that being the expiration date of defendant’s original term of supervised release.” Likewise, the district court revoked defendant Page’s term of supervised release and sentenced him to six months imprisonment. The order then stated: “Following defendant’s term of incarceration, defendant will be placed on supervised release, said term of supervised release to expire on June 1, 1998, that being the expiration date for defendant’s original term for supervised release.” Thus, after defendants Fullum and Page complete their prison sentences for violating the conditions of their supervised release, the remaining portions of their original terms of supervised release will be reinstated with credit for the time spent in prison in accordance with 18 U.S.C. § 3583(h).

Defendants argue that the Ex Post Facto Clause of the Constitution prohibits the application of section'3583(h) to them because the amendment was passed on September 13, 1994, which was after the date on which they had been sentenced for their original crimes. They argue that this court’s opinion in Truss was the law in effect in this circuit at the time of sentencing, and Truss did not interpret the prior statute to allow the imposition of a subsequent term of supervised release in their situation. They argue that because section 3583(h) imposes a harsher punishment than the law in effect at the time of their original sentencing, it violates the Ex Post Facto Clause.

The purpose of the Ex Post Facto prohibition is “to assure that legislative Acts give fair warning of their effect and permit individuals to rely on their meaning until explicitly changed.” Weaver v. Graham, 450 U.S. 24, 28-29, 101 S.Ct. 960, 964, 67 L.Ed.2d 17 (1981). To fall within the prohibition of the Ex Post Facto Clause, a law must: (1) apply to events occurring before its enactment, and (2) disadvantage the offender. Id. at 29, 101 S.Ct. at 964. The change in the law must “alter[] the definition of criminal conduct or increase[ ] the penalty by which a crime is punishable.” California Dept. of Corrections v. Morales, 514 U.S. 499, 506 n. 3, 115 S.Ct. 1597, 1602 n. 3, 131 L.Ed.2d 588 (1995).

In United States v. Reese, 71 F.3d 582 (6th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 2529, 135 L.Ed.2d 1053 (1996), this Court rejected an Ex Post Facto argument similar to the argument made by defendants in the present case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Demitri Kardem Scott v. State of Alaska
Court of Appeals of Alaska, 2026
United States v. Lipscomb
66 F.4th 604 (Fifth Circuit, 2023)
United States v. Carlos Perez
22 F.4th 430 (Fourth Circuit, 2022)
United States v. Salazar
987 F.3d 1248 (Tenth Circuit, 2021)
United States v. Collins
859 F.3d 1207 (Tenth Circuit, 2017)
United States v. Wilson Dominguez
513 F. App'x 458 (Sixth Circuit, 2013)
In re the Personal Restraint of Flint
174 Wash. 2d 539 (Washington Supreme Court, 2012)
In Re Flint
277 P.3d 657 (Washington Supreme Court, 2012)
Rettig v. Jefferys
557 F. Supp. 2d 830 (N.D. Ohio, 2008)
United States v. Lewis
Sixth Circuit, 2007
International Trading Co. v. United States
306 F. Supp. 2d 1265 (Court of International Trade, 2004)
Int'l Trading Co. v. United States
2004 CIT 1 (Court of International Trade, 2004)
United States v. Newborn
71 F. App'x 557 (Sixth Circuit, 2003)
United States v. William Cortes-Claudio
312 F.3d 17 (First Circuit, 2002)
United States v. Nance
40 F. App'x 59 (Sixth Circuit, 2002)
United States v. Kimber
33 F. App'x 717 (Sixth Circuit, 2002)
United States v. Argo
23 F. App'x 302 (Sixth Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
131 F.3d 1173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thomas-page-united-states-of-america-v-daryl-fullum-ca6-1998.