United States v. Victoria L. Ray

Defendant Victoria L. Ray appeals her sentence upon revocation of her supervised release on the ground that United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), established the maximum term of imprisonment, for purposes of determining the maximum term of imprisonment post-revocation, as the high end of the applicable Sentencing Guidelines range, and that her sentence exceeded that maximum. Ray pled guilty to bank embezzlement in violation of 18 U.S.C. § 656 and was sentenced, pre- Booker , to a term of imprisonment followed by supervised release. Ray twice violated the conditions of her supervised release, and was sentenced to imprisonment for these violations for a total of 15 months. If Ray’s assertion is correct, her second revocation sentence, of six months, would exceed the applicable maximum— using the high end of the Guidelines range prescribed at the time of her original sentencing as the statutory maximum to define the applicable maximum term of revocation imprisonment — and she would be entitled to reversal. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

I. Background

On October 4, 2002, Ray was…