United States Fifth Circuit

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.