Knight

United States v. Knight

Good Law
580 F.3d 933·2009 WL 2767189·2009 U.S. App. LEXIS 19701
United States Court of Appeals for the Ninth CircuitSeptember 2, 200908-30372California2,871 words

Opinion

Opinion

Pregerson, J.

Douglas Knight (“Knight”) appeals his sentence of twenty-four months imprisonment and twelve months supervised release, imposed after the district court revoked Knight’s supervised release for a third time. Revocation of a defendant’s supervised release is governed by 18 U.S.C. § 3583 . Congress amended § 3583 in 2003. See Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (“PROTECT Act”), Pub.L. 108-21, § 101 , 117 Stat. 650 , 651. The 2003 Amendment to § 3583 altered the portions of § 3583 that address the maximum terms of imprisonment and supervised release that can be imposed following revocation of a defendant’s supervised release. Because of the 2003 Amendment, this case presents us with two issues of first impression in this circuit:

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review questions of statutory interpretation de novo. United States v. Ray, 484 F.3d 1168, 1170 (9th Cir.2007). We affirm Knight’s sentence of twenty-four months imprisonment, but we reverse Knight’s sentence of twelve months supervised release, and vacate and remand for resentencing.

I.

On April 27, 2004, Knight pleaded guilty to violating 18…

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