Legal Opinion
United States v. Cunningham
Court of Appeals for the Eleventh Circuit
Decided May 28, 2010No. 09-13989PublishedCited by 54 opinions
1Per curiam
R. Scott Cunningham raises two issues on appeal. Only one issue warrants our substantial consideration. 1 The constitutionality of 18 U.S.C. § 3583(e)(3) is a matter of first impression in our Circuit. Other Courts of Appeals considering the issue have upheld § 3583(e)(3) as constitutional. We agree and hold § 3583(e)(3) is constitutional under the Fifth and Sixth Amendments.
I. BACKGROUND
In 2005, Cunningham was convicted by a federal jury of two counts of conducting monetary transactions over $10,000 in criminally derived property, in violation of 18 U.S.C. §§ 1957 and 2, and one count of…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Johnson v. United StatesSupreme Court of the United States · 2000
- United States v. JerniganCourt of Appeals for the Eleventh Circuit · 2003
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3Cited by54 opinions
- United States v. Walter Henry Vandergrift, Jr.Court of Appeals for the Eleventh Circuit · 2014
- Florida Ex Rel. Attorney General v. United States Department of Health & Human ServicesCourt of Appeals for the Eleventh Circuit · 2011
- Deshawn Gervin v. Pamela FlorenceCourt of Appeals for the Eleventh Circuit · 2025
- United States v. McIntoshCourt of Appeals for the Seventh Circuit · 2011
- United States v. George WardCourt of Appeals for the Fourth Circuit · 2014
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