Legal Opinion

United States v. Blake

Court of Appeals for the Ninth Circuit

Decided July 10, 1996No. Nos. 96-30057, 96-30059, 96-30061 to 96-30063, 96-30067PublishedCited by 16 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

This appeal raises one question: when a criminal defendant’s sentence of imprisonment is reduced below the time he has already served, due to a retroactive change in the sentencing guidelines, does his supervised release obligation commence on the date of his actual release or on the date he should have been released according to his revised sentence?

We conclude that, while the statutory scheme is not crystal clear, the supervised release portion of the sentence begins on the date a prisoner’s term of imprisonment expires, whether or not he is released on that date. The…

2Cases cited1 opinion

  1. United States v. Luis Montenegro-RojoCourt of Appeals for the Ninth Circuit · 1990

3Cited by16 opinions

  1. United States v. JohnsonSupreme Court of the United States · 2000
  2. United States v. Robert PineyroCourt of Appeals for the Second Circuit · 1997
  3. UNITED STATES of America, Plaintiff-Appellee, v. Enguilberto AGUILAR-AYALA, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  4. United States v. ReiderCourt of Appeals for the Tenth Circuit · 1996
  5. Cozine v. CrabtreeDistrict Court, D. Oregon · 1998

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