Circuit split · criminal sentencing

Whether the Anti-Drug Abuse Act's supervised release provisions apply to offenses committed during the one-year gap between the statutes' effective dates

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

United States v. Lynch114 F3D 61
Fifth Circuit Court of Appeals · May 21, 1997
“This one-year gap in the effective dates of these statutes created a conflict of interpretation among the courts of appeals as to whether the ADAA’s supervised release provisions applied to offenses committed during this window period.” — Creates a split
Empirical analysis of this case →

The provision at issue

“(a) In General.— Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the …”

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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

DiscussedGozlon-Peretz v. United States498 U.S. 395
“Gozlon-Peretz did not, however, resolve the question presented by the ease at bar: does the time period for supervised release begin on the date the prisoner is released or on the date the prisoner would have been released if the time served had not been reduced? Lynch argues that according to the plain language of the applicable portion of the SRA, “[t]he term of supervised release commences on the day the person is released from imprisonment.” 18 U.S.C.” — United States v. Lynch, acknowledging the split

What the split turns on

Statutes:: 18 U.S.C. § 3551 et seq. ·; 21 U.S.C. § 841(b)(1)(C) ·; 18 U.S.C. § 3624(e)

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.