CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, June 4, 2010

"Extending Probation Sentence Without Proof Beyond a Reasonable Doubt?"

Eugene Volokh at The Volokh Conspiracy comments on the Eleventh Circuit's recent opinion in United States v. Cunningham. In part:

But what I don’t understand is how the judge could lawfully sentence Cunningham to a new probation term that extends past the end of the initial sentence. Under the original sentence, Cunningham was to be entirely free of criminal justice system supervision after 5 years, in April 2011 (two in prison and three on probation, with the probation revocable if he misbehaves). Yet under the sentence imposed at the revocation hearing, Cunningham would continue to be under criminal justice system supervision until April 2012 (June 2009 + 4 months in prison + 30 months on probation).

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