Legal Opinion · Dissent

United States v. James Caravayo

Court of Appeals for the Fifth Circuit

Decided January 4, 2016No. 14-50773Published

1DissentKing, Circuit Judge

I would affirm the sentence imposed by the district court on revocation of Cara-vayo’s supervised release.

I look first at the objectives of a sentence for a violation of supervised release. As we summarized recently, “ ‘postrevocation sanctions [are treated] as part of the penalty for the initial offense,’ rather than [as] a penalty for the offense constituting a violation of the terms of supervised release.” United States v. Rivera, 797 F.3d 307, 308 (5th Cir.2015) (quoting Johnson v. United States, 529 U.S. 694, 700, 120 S.Ct. 1795, 146 L.Ed.2d 727 (2000)). The district court may also…

2Cases cited11 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2000
  2. United States v. Campos-MaldonadoCourt of Appeals for the Fifth Circuit · 2008
  3. United States v. Ronald Scott PaulCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. NealCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. MillerCourt of Appeals for the Fifth Circuit · 2011

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