Thursday, December 4th, 2014

Appeal from Supervised Release Revocation Not Rendered Moot By Completion of Prison Sentence

United States v. Wiltshire, No. 13-3590-cr (2d Cir. Dec. 1, 2014) (Kearse, Straub, and Wesley), available here

The district court found that defendant violated her supervised release by making false statements to her probation officer and by leaving the district of her supervision without permission. She was sentenced to 90 days in custody, to be served on weekends, to be followed by five years of supervised release.

During the pendency of her appeal, defendant completed her custodial sentence, but her term of supervision had not yet run.

Did the expiration of defendant’s custodial sentence render her appeal moot? The Court said no, because the district court’s judgment directly exposed defendant to two additional years of supervised release. The appeal was thus not moot because a favorable appellate ruling might prompt the district court to reduce defendant’s term of supervised release.

Unfortunately for defendant, however, the Circuit ruled on the merits that the district court properly found her to have violated the conditions of her supervised release. Accordingly, the Court affirmed.

Posted by
Categories: Uncategorized
Comments are closed.