Eleventh Circuit Court of Appeals - Published Opinions

Friday, May 28, 2010

Cunningham: Apprendi does not apply to supervised release revocation proceedings

In U.S. v. Cunningham, No. 09-13989 (May 28, 2010), the Court rejected a constitutional challenge to 18 U.S.C. § 3583(e)(3), the statute that authorizes a district court to revoke a term of supervised release and impose a sentence for all or part of the term of supervised release.

Citing Apprendi, Cunningham argued that the judge’s imposition of a sentence based on a revocation of supervised release violated his right to jury trial. The Court pointed out that supervised release is treated as part of the penalty for the initial offense. The Court noted that a person facing revocation of supervised release has already been convicted of a crime. Joining all other Circuits to have considered the question, the Court held that a defendant is not entitled to a jury trial at a supervised release revocation proceeding.