United States Fifth Circuit

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US v. Thomas, 09-30426

Defendant's firearm possession sentence, following the revocation of his supervised release, is vacated where: 1) the PROTECT Act amendment to 18 U.S.C. section 3583(e)(3) did not apply retroactively; and 2) defendant served 24 months of imprisonment upon the first revocation of his supervised release, and, therefore, could not be sentenced to a further term of imprisonment upon the second revocation of his supervised release under the version of section 3583(e)(3) applicable to him.

Appellate Information

  • Decided 03/10/2010
  • Published 03/11/2010

Judges

  • PER CURIAM:, Before JOLLY, WIENER, and ELROD, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Camille Ann Domingue, Asst. U.S. Atty., Lafayette, LA, for Plaintiff-Appellee., Frank A. Granger, Lake Charles, LA, for Defendant-Appellant.