U.S. v. Douglas, 95-3460

Decision Date24 June 1996
Docket NumberNo. 95-3460,95-3460
Citation88 F.3d 533
PartiesUNITED STATES of America, Appellee, v. Frederick DOUGLAS, Appellant.
CourtU.S. Court of Appeals — Eighth Circuit

Jane Kelly, Cedar Rapids, IA, for appellant.

Daniel C. Tvedt, Cedar Rapids, IA, for appellee.

Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges.

PER CURIAM.

Frederick Douglas, a former federal inmate, appeals the period of supervised release imposed by the district court 1 at resentencing. We affirm.

Douglas was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and sentenced to 120 months imprisonment and three years supervised release. United States v. Douglas, 964 F.2d 738, 739 (8th Cir.1992). After the district court denied his motion to reduce his sentence, we remanded for resentencing according to a clarifying Guidelines amendment. United States v. Douglas, 64 F.3d 450, 451-53 (8th Cir.1995).

At his September 1995 resentencing, Douglas's Guidelines range was 27 to 33 months, and the supervised release range was two to three years. Because Douglas had already served 46 months in prison, he requested that no supervised release be imposed, arguing that the time he had spent imprisoned beyond the Guidelines range should "qualif[y] as an intensive supervised release." The government requested that the court impose three years of supervised release.

The district court sentenced Douglas to 33 months' imprisonment with credit for time served, and two years supervised release. In imposing the two-year term of supervised release, the court stated:

I think that Mr. Douglas should be given some credit for the fact that he's actually served a sentence that's probably in excess of what he would have otherwise have served in computing supervised release, however, I'm not comfortable not putting Mr. Douglas on any supervised release given the fact that he has a history of committing offenses while on probation, and I believe that some period of transition back to the community is appropriate and that a two year term of supervised release is the term to be imposed in this case.

Douglas was immediately placed on supervised release.

On appeal, Douglas argues that his imprisonment and supervised release are separate parts of the same sentence for his offense conduct, and that the excess prison time he served should be credited against his supervised release term. Douglas cites cases from other circuits which suggest that prison time served in excess of a defendant's revised sentence can be credited against the defendant's term of supervised release. We have reviewed these cases, and others not cited by the parties, and are not persuaded they are correct.

Because Douglas was convicted of a Class C felony, see 18 U.S.C. § 3559(a)(3), the district court was without authority to impose a supervised release term less than two years, see U.S.S.G. § 5D1.2(a)(2) (for Class C felony, supervised release term "s...

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  • Ford v. Caulfield
    • United States
    • U.S. District Court — District of Columbia
    • 10 Septiembre 2009
    ...Cir.1996)); United States v. Jeanes, 150 F.3d 483 (5th Cir.1998); United States v. Joseph, 109 F.3d 34 (1st Cir.1997); United States v. Douglas, 88 F.3d 533 (8th Cir.1996). ...
  • Hohn v. U.S.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 14 Junio 2001
    ...was successful on the merits of his appeal, then his sentence could be reduced by one year. Id. But see United States v. Douglas, 88 F.3d 533, 534 (8th Cir. 1996) (per curiam) (holding that courts may not credit prison time served in excess of a defendant's revised sentence against the defe......
  • Johnson v. U.S.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 21 Enero 1999
    ...date the offender is actually released from prison. See United States v. Joseph, 109 F.3d 34 (1st Cir.1997); United States v. Douglas, 88 F.3d 533 (8th Cir.1996) (per curiam). In this case, we decline to follow the position advocated by the government and adopted by the First and Eighth Cir......
  • U.S. v. Joseph
    • United States
    • U.S. Court of Appeals — First Circuit
    • 4 Diciembre 1996
    ...we reject it for much the same reasons the Court of Appeals for the Eighth Circuit rejected a similar argument in United States v. Douglas, 88 F.3d 533 (8th Cir.1996). In Douglas, the defendant was resentenced to a substantially lower prison term pursuant to a clarifying amendment to the Se......
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