U.S. v. DOZIER

No. 96-5785.

119 F.3d 239 (1997)

UNITED STATES of America v. Keith DOZIER, also known as Pete, also known as Keith Bashir. Keith Dozier, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 18, 1997.


Attorney(s) appearing for the Case

Faith S. Hochberg, United States Attorney, Kevin McNulty, Allan Tananbaum (argued), Assistant U.S. Attorneys, Newark, NJ, for Appellee.

Patrick A. Mullin (argued), Hackensack, NJ, for Appellant.

Before: STAPLETON, LEWIS and ALDISERT, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge.

In this case we must determine whether the Ex Post Facto Clause of the United States Constitution is violated when, upon revocation of supervised release, a defendant is sentenced to a new term of supervised release, even though such a new term was not authorized at the time the defendant committed his underlying criminal offense. We conclude that retroactive application of 18 U.S.C. § 3583(h), which authorizes...

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