Published on: Thursday, August 31, 2017

In United States v. Haymond, No. 16-5156, the Tenth Circuit held that 18 U.S.C. § 3583(k) is unconstitutional because it impermissibly requires a term of imprisonment based not on the original crime for which the defendant was properly convicted, but instead on the commission of a new offense - namely "any criminal offense under chapter 109A, 100, or 117, or section 1201 or 1591, for which imprisonment for a term longer than 1 year can be imposed" 18 U.S.C. § 3583(k) - and circumventing the protections of the Fifth and Sixth Amendments. For the opinion, click here.  Criminal defense blogs, found here, may provide a more in depth analysis of the opinion.