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U.S. v. BLAKE

Nos. 96-30057, 96-30059, 96-30061 to 96-30063, 96-30067.

88 F.3d 824 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Arthur BLAKE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Martin Hobart STANWOOD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Nacaro GALLINGER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Timothy Allen YATES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dell Kenneth FOSTER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Joseph SPODEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Wendy R. Willis, Assistant Federal Public Defender, Portland, Oregon, for defendants-appellants.

Jonathan S. Haub, Assistant United States Attorney, Portland, Oregon, for plaintiff-appellee.

Before: GOODWIN and SCHROEDER, Circuit Judges, and LEGGE, District Judge.

GOODWIN, Circuit Judge:

This appeal raises one question: when a criminal defendant's sentence of imprisonment is reduced below the time he has already served, due to a retroactive change in the sentencing guidelines, does his supervised release obligation commence on the date of his actual release or on the date he should have been released according to his revised sentence?

We conclude that, while the statutory scheme...

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