Legal Opinion · Dissent

United States v. Marc Turner

Court of Appeals for the Ninth Circuit

Decided August 7, 2012No. 11-10038Published

1DissentM. Smith, Circuit Judge

The majority holds that supervised release may begin and end before a person is released from prison. Because the Supreme Court has squarely held otherwise, and the majority’s conclusion defies both common sense and the reasoning of binding precedent, I respectfully dissent. See United States v. Johnson, 529 U.S. 53, 57, 120 S.Ct. 1114, 146 L.Ed.2d 39 (2000) (“Supervised release does not run while an individual remains in the custody of the Bureau of Prisons.”) (emphasis added).

As an initial matter, the majority misconstrues the issue here. The question is not, as the majority contends,…

2Cases cited24 opinions

  1. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  2. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  3. Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
  4. State Oil Co. v. KhanSupreme Court of the United States · 1997
  5. United States v. SantosSupreme Court of the United States · 2008

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