UNITED STATES v. LITTLE

No. 22-3018.

78 F.4th 453 (2023)

UNITED STATES of America, Appellee v. James LITTLE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2023.


Attorney(s) appearing for the Case

Joshua B. Carpenter , Federal Public Defender for the Western District of North Carolina, argued the cause and filed the briefs for appellant.

James I. Pearce , Appellate Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Matthew Graves , U.S. Attorney for the District of Columbia, Kenneth A. Polite , Assistant Attorney General, Lisa H. Miller , Deputy Assistant Attorney General, and John Crabb Jr. , Chief, Capitol Siege Section.

Before: Wilkins and Walker, Circuit Judges, and Rogers, Senior Circuit Judge.


James Little committed a petty offense. The district court sentenced him to prison, followed by probation. The only question on appeal is whether that sentence is authorized by statute.

It is not. Probation and imprisonment are alternative sentences that cannot generally be combined. So the district court could not...

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