Drug Court Resentencings and the Sixth Amendment (Part 6)

by | Apr 20, 2020 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County

The Appellate panel continued in relevant part: Under federal law, the period of incarceration and ensuing period of supervised release are deemed to be “distinct aspects” of punishment. United States v. Work, 409 F.3d 484, 489 (1st Cir. 2005). Accordingly, “courts routinely have held that the combined sentence of years of imprisonment plus years of supervised release may exceed the statutory maximum number of years of imprisonment authorized by the substantive statute applicable to the crime of conviction.” Ibid.

If defendant’s expansive interpretation of Apprendi were correct, the federal statutory scheme upheld in Work and revisited in Haymond would run afoul of the Sixth Amendment unless time spent on supervised release before revocation were treated the same as time spent in prison. However, § 3583(e)(3) expressly provides to the contrary that the new sentence following revocation of supervised release is imposed “without credit for time previously served on postrelease supervision.” It bears emphasis that the plurality made no mention of any constitutional concern with this statutory feature, even as the Court struck down a specific mandatory minimum sentencing provision of that statute on Apprendi grounds. The failure to allude to any constitutional problem with the statutory feature that treats time on supervised release so differently from time spent in prison is telling. In our view this confirms that the Court never contemplated that Apprendi principles might possibly extend to forms of punishment other than minimum and maximum terms of imprisonment.

We find further support for our conclusion that the Supreme Court never meant for Apprendi to apply to non-custodial forms of punishment in the plurality’s response to concerns expressed by the dissenting Justices. The dissent complained, “[t]he plurality opinion appears to have been carefully crafted for the purpose of laying the groundwork for later decisions of much broader scope.” 588 U.S. at __, 139 S. Ct. at 2386 (Alito, J., dissenting). The plurality responded to those concerns about the future expansion of the Apprendi doctrine, noting:

Besides, even if our opinion could be read to cast doubts on § 3583(e) and its consistency with Apprendi, the practical consequences of a holding to that effect would not come close to fulfilling the dissent’s apocalyptic prophecy. In most cases (including this one), combining a defendant’s initial and post-revocation sentences issued under § 3583(e) will not yield a term of imprisonment that exceeds the statutory maximum term of imprisonment the jury has authorized for the original crime of conviction. [588 U.S. __, 139 S. Ct. at 2384 (plurality opinion) (emphases added).]

Notably, in this pointed discussion of the potential breadth of Apprendi‘s reach, the plurality referred to the combination of two periods of incarceration, not to the combination of a period of incarceration and a period of supervised release when describing a composite sentence that might conceivably exceed the “statutory maximum.” The point simply is that even as the plurality and dissenting Justices argued vociferously about the prospects for expanding the Apprendi doctrine, no one raised the possibility of an expansion of the type and to the degree defendant urges us to accept in this appeal. In sum, we read the Haymond plurality and dissenting opinions to be consistent with our conclusion that Apprendi, Blakely, Alleyne, and Ring focus exclusively on prison sentences and simply do not apply to non-custodial probationary sentences.

A counter to the panel’s analysis here is that courts are not supposed to reach constitutional issues unless they are required to in deciding the case. That would explain why the Haymond Court did not address Apprendi’s application to non-custodial sentences.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr Sisto is an excellent lawyer. The tickets I received were nothing compared to the charges i had originally. I got the best possible outcome for my case, and Mr Sisto was incredibly understanding and patient and responded to any questions I had within about 30 minutes of me asking them. I'll be going to him again for any legal trouble I have in the future
Brandon K
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred never represented me but been in touch with him a few times and was a very professional experience from the minute I called the office
Jj B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto's attention to detail, his representation and unwavering advocacy for me made all the difference in my case.
Jill F
Google star 1Google star 2Google star 3Google star 4Google star 5
Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service. Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again. For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.” Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released “within hours” as you claim shows how low value your firm is and how you openly instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
Ximena C
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was knowledgeable preofessional and experienced. He knew the right steps to take every step of the way and went above and beyond to make sure that I understood the situation. Mr. Sisto will have your back in any legal matter!
Corey S
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
Google star 1Google star 2Google star 3Google star 4Google star 5
Very informative. Would not hesitate to use Attorney Sisto.
Rose C
Google star 1Google star 2Google star 3Google star 4Google star 5
Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
Luis A