JOHNSON v. UNITED STATES

No. 99-5153.

529 U.S. 694 (2000)

JOHNSON v. UNITED STATES.

United States Supreme Court.

Decided May 15, 2000.


Attorney(s) appearing for the Case

Rita C. LaLumia argued the cause for petitioner. With her on the briefs were Leah J. Prewitt, David F. Ness, Jeffrey T. Green, and Joseph S. Miller.

Paul R. Q. Wolfson argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Richard A. Friedman.*

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined, and in which Kennedy, J., joined in part.Kennedy, J., filed an opinion concurring in part, p. 713.Thomas, J., filed an opinion concurring in the judgment, p. 715.Scalia, J., filed a dissenting opinion, p. 715.


Justice Souter, delivered the opinion of the Court.

The issue in this case grows out of an Ex Post Facto Clause challenge to the retroactive application of 18 U. S. C. § 3583(h), which authorizes a district court to impose an additional term of supervised release following the reimprisonment of those who violate the conditions of an initial term. The United States argues that district courts had the power to do so under the prior law, and that this cures...

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