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United States v. Terry Davis

Citations: 404 U.S. App. D.C. 269; 711 F.3d 174; 2013 U.S. App. LEXIS 6283; 2013 WL 1266021Docket: 11-3035

Court: Court of Appeals for the D.C. Circuit; March 29, 2013; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appellant convicted of bank fraud relating to the misappropriation of fraternity funds. The appellant initially faced multiple charges, but after the D.C. Circuit Court vacated these convictions due to improper evidence, he pled guilty to one count of bank fraud. The issue on appeal is whether the appellant’s supervised release should have commenced on the date he was released pending appeal, as per 18 U.S.C. § 3624(e). The court affirmed the district court's decision, stating that supervised release begins post-sentencing, not from an earlier release under pretrial conditions. The appellant’s argument derived from a misunderstanding of the statute, as his December 2009 release was under pretrial conditions, not supervised release. This decision aligns with the Supreme Court's interpretation in United States v. Johnson, emphasizing that supervised release applies only after sentencing. The court found no plain error in the district court’s judgment, thereby affirming that the supervised release correctly commenced on March 14, 2011, when the appellant was sentenced, rather than on the earlier date he proposed.

Legal Issues Addressed

Commencement of Supervised Release under 18 U.S.C. § 3624(e)

Application: The court held that supervised release begins on the date of sentencing, not at any earlier release pending appeal.

Reasoning: The court disagreed, ruling that his supervised release only began after his sentencing following the guilty plea.

Definition and Application of Supervised Release

Application: Supervised release is distinct from pretrial release and begins after the imposition of a sentence, as clarified by the Supreme Court in United States v. Johnson.

Reasoning: The Supreme Court's ruling in United States v. Johnson clarified that supervised release begins only after release from imprisonment, not with every instance of release.

Pretrial Conditions vs. Supervised Release Conditions

Application: Pretrial conditions differ from supervised release conditions in restrictiveness and purpose, emphasizing court appearance and crime prevention versus community reintegration.

Reasoning: Davis argued that his pretrial conditions were similar to supervised release conditions imposed later, but this was not accurate; the conditions differed significantly in restrictiveness and purpose.

Review for Plain Error

Application: Although Davis did not object to the start date in the district court, his claim was reviewed for plain error, with no error found.

Reasoning: Although Davis did not object to the start date in the district court, his claim is reviewed for plain error. The court finds no error and clarifies that the December 2009 date is irrelevant...