The Supreme Court has granted certiorari in United States v. Haymond, in which the Tenth Circuit struck down as unconstitutional 18 U.S.C. § 3583(k)’s provision requiring a mandatory minimum of five years of imprisonment following revocation of supervised release based on certain sex crimes.
Generally, a defendant faces a supervised release term of no more than 5 years, and upon revocation for a violation, a term of imprisonment of no more than 5 years. That’s where the underlying offense of conviction is a class A felony. The potential penalties are progressively less severe for less serious offenses.
However, 18 U.S.C. § 3583(k) carves out a special, and especially extreme, exception for certain sex offenses and revocations based on the commission of new sex offenses—a supervised release term of 5 years to life, and upon revocation, a term of imprisonment of 5 years to life. So, what is usually the ceiling (a 5-year max for class A felonies) becomes the floor (a mandatory minimum of 5 years for certain sex offenses).
In Haymond, the Tenth Circuit held that the mandatory minimum of five years of imprisonment is unconstitutional because it changes the mandatory sentencing range based on a court’s finding by a preponderance of the evidence, instead of a jury’s finding beyond a reasonable doubt.
In so holding, the Court primarily relied on a trio of Supreme Court cases: (1) Apprendi, which held that any fact that increases the stat max must be submitted to a jury and proven beyond a reasonable doubt; (2) Alleyne, which applied Apprendi to mandatory minimums; and (3) Booker, which extended the substance of these 6th Amendment principals to the sentencing context.
The government petitioned for certiorari, and the Supreme Court granted it, even though the Tenth Circuit is the only court to have even considered the issue (so, no circuit split; the government’s pitch was error correction on a “significant and recurring question of federal law”), and § 3583(k) does not appear to be a frequently invoked statute. That might not bode well for Haymond’s survival.
Takeaway: If you have a client facing revocation based on § 3583(k), or want to make an argument based on an extension of Haymond, move quickly. Do not let the government stay the proceedings pending resolution of Haymond in the Supreme Court. See Yong v. I.N.S., 208 F.3d 1116, 1119 n.2 (9th Cir. 2000) (“[O]nce a federal circuit court issues a decision, the district courts within that circuit are bound to follow it and have no authority to await a ruling by the Supreme Court before applying the circuit court’s decision as binding authority . . . .”).