263 F.3d 34 (2nd Cir. 2001), 00-1810, United States v Merced

Docket Nº:Docket No. 00-1810
Citation:263 F.3d 34
Party Name:UNITED STATES OF AMERICA, APPELLEE, v. JOHN MERCED, DEFENDANT-APPELLANT
Case Date:August 29, 2001
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 34

263 F.3d 34 (2nd Cir. 2001)

UNITED STATES OF AMERICA, APPELLEE,

v.

JOHN MERCED, DEFENDANT-APPELLANT

Docket No. 00-1810

United States Court of Appeals, Second Circuit

August 29, 2001

Argued: August 10, 2001

Appeal from the sentence imposed by the United States District Court for the Southern District of New York (Deborah A. Batts, Judge) following revocation of the defendant's supervised release.

VACATED AND REMANDED.

Page 35

David P. Burns for Mary Jo White, United States Attorney for the Southern District of New York (Baruch Weiss, on the brief), for Appellee.

Steven M. Statsinger, The Legal Aid Society, Federal Defender Division, New York, NY for Defendant-Appellant.

Before: Miner, Jacobs, and Calabresi, Circuit Judges

Per Curiam

Defendant-Appellant John Merced appeals the sentence imposed by the United States District Court for the Southern District of New York (Batts, Judge) following Defendant's second violation of the terms of his supervised release arising from the same conviction.

After serving a term of incarceration in connection with a federal conviction for narcotics distribution, Merced was transferred to the custody of LeMarquis Community Corrections Center in New York. He fled, was arrested, and pled guilty in April 1997 to a one-count indictment charging him with escape from a halfway house in violation of 18 U.S.C. §§ 751(a) and 4082(a), a class D felony. For this, he was sentenced to 24 months' imprisonment, followed by three years' supervised release and a $100 special assessment. After Merced's release from prison in August 1998, he began serving his term of supervised release. As a condition of his supervised release, Merced was required to participate in a long- term residential substance abuse program.

In December 1999, following a petition by the Probation Department stating that he had violated the terms of his supervised release, Merced was detained once more. He pled guilty to a number of the specifications in the Probation Department's petition and was sentenced to time-served (which amounted to six months and eight days' imprisonment) and an additional term of supervised release. As before, the latter was conditioned on Merced's participation in a residential substance abuse program.

Shortly thereafter, Merced again violated the terms of his supervised release by refusing to comply with a referral to residential drug treatment. As a result, on December 18, 2000, the district court sentenced Merced to an additional term of 24 months' imprisonment, which it characterized as the maximum statutory period to which he could be sentenced.

Merced...

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