United States v. Daniel D. Clark

Daniel D. Clark appeals from the district court’s imposition of sentence following revocation of his probation. In a separate case, he was also sentenced following revocation of his supervised release. Both revocations were based on a single violation. Clark contends that the district court lacked jurisdiction to sentence him for violating his supervised release because he was in custody, rather than on supervised release, at the time of the alleged violation of his release terms. Alternatively, he contends that his sentence for violating probation in the case before us violates the rule against double jeopardy because he received a consecutive sentence for the same conduct. We have jurisdiction under 28 U.S.C. § 1291 and we dismiss in part and affirm in part.

A. Background

Clark has been convicted of offenses in two separate proceedings in the district court. In case No. 90-439-K, he received a sentence of 21 months imprisonment and three years supervised release for theft from an interstate shipment and aiding and abetting in violation of 18 U.S.C. §§ 2 and 659. He escaped before his term of incarceration was up, and in case No. 91-659-R pleaded guilty to escape from a federal…