[Download] "United States v. Carlton" by 2005 United States Court of Appeals for the Second Circuit August Term " eBook PDF Kindle ePub Free

eBook details

Title: United States v. Carlton
Author : 2005 United States Court of Appeals for the Second Circuit August Term
Release Date : January 24, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

Defendant Rasheim Carlton (defendant or appellant) appeals a February 22, 2005 judgment of the United States District Court for the Southern District of New York (Robinson, J.) revoking his term of supervised release imposed pursuant to 18 U.S.C. Â§ 3583(e)(3) and sentencing him to a term of 35 months imprisonment and 25 months supervised release. Carlton contends that 18 U.S.C. Â§ 3583(e)(3), which empowers a district court to revoke a term of supervised release without a jury trial, is invalid as applied to him because it violates his Sixth Amendment right to trial by jury as articulated by the Supreme Court in United States v. Booker, 543 U.S. 220 (2005), and its related cases. He further contends that the evidence presented at his revocation hearing was insufficient to convict him for violating the conditions of his supervised release. Because we reject Carltons constitutional challenge, but conclude the evidence at his hearing was legally insufficient with respect to one of the findings of violation, we affirm in part, vacate in part, and remand for resentencing.