United States Eleventh Circuit

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US v. Cunningham, 09-13989

Defendant's sentence for violating his supervised release, following his convictions for conducting monetary transactions over $10,000 in criminally derived property and conspiracy to commit money laundering, is affirmed where 18 U.S.C. section 3583(e)(3) does not violate the Fifth or Sixth Amendments because the violation of supervised release need only be proven by a preponderance of the evidence, and there is no right to trial by jury in a supervised release revocation hearing.

Appellate Information

  • Decided 05/28/2010
  • Published 05/28/2010

Judges

  • PER CURIAM:, Before BLACK, HULL and ANDERSON, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel