UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
CLARENCE J. HOBBS, DEFENDANT-APPELLANT

11th Cir. | 1993-01-22
No. 92-8380
Before TJOFLAT, Chief Judge,' EDMONDSON and BLACK, Circuit Judges.
981 F.2d 1198 Court of Appeals for the Eleventh Circuit (1993) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: Clarence Hobbs received a four-month sentence in a halfway house, followed by a three-year probation, for one count of bank fraud under 18 U.S.C. § 1344. Later, Hobbs violated the terms of his probation. After a hearing, the district court resen-tenced Hobbs to six months’ imprisonment, followed by a two-year term of supervised release. Hobbs appeals, arguing that the district court had no authority to include a supervised release period after the revocation of probation.

Pursuant to 18 U.S.C. § 3565(a)(2), if a defendant violates a probation condition, the district court may revoke probation and “impose any other sentence that was available under subchapter A [18 U.S.C. §§ 3551-59] at the time of the initial sentencing.” In turn, 18 U.S.C. § 3551(b)(3) provides that a defendant may be sentenced to “a term of imprisonment as authorized by subchapter D [§§ 3581-86].” And Subchapter D, § 3583(a) says that the court “may include as part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment.” So, district courts are authorized to impose a period of supervised release as a consequence of probation revocation. AFFIRMED.

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  • United States v. Mitsven, 452 F.3d 1264 (11th Cir. 2006)
    …f such a term is required by statute .... 18 U.S.C. § 3583(a). In interpreting § 3583(a), we have held that “district courts are authorized to impose a period of supervised release as a consequence of probation revocation.” United States v. Hobbs, 981 F. 2d 1198, 1199 (11th Cir.1993). In the present case, Mitsven admitted the allegations contained in the petition to revoke probation, which included the allegations that he unlawfully used or possessed a controlled substance and refused to submit to a drug…

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