Circuit split · criminal procedure

Whether the U.S. Parole Commission may impose a new (subsequent) term of special parole after revoking an offender's original special parole term.

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

Billis v. United States83 F3D 209
Eighth Circuit Court of Appeals · May 3, 1996
“We conclude the District Court also correctly determined the Commission could impose a subsequent term of special parole after revocation, although we note there is a split of authority among the circuit courts that have addressed the issue.” — Split of authority
Empirical analysis of this case →

The provision at issue

“(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had. (b) The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction …”

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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.

Joined by · D.C. Cir.United States Parole Comm'n v. Williams54 F.3d 820
“The Williams Court noted that, although § 841(c) requires the Commission, upon revocation of special parole, to increase the original term of imprisonment by the period of the special parole term, the Commission also is permitted under § 841(c) to require the revoked parolee to serve only part of the mandatory term of imprisonment.” — Billis v. United States, acknowledging the split
On the other side · 7th Cir.Evans v. United States Parole Comm'n78 F.3d 262
On the other side · 5th Cir.Artuso v. Hall74 F.3d 68
Discussed · 7th Cir.United States v. McGee981 F.2d 271
Discussed · 5th Cir.United States v. Holmes954 F.2d 270

What the split turns on

Statutes:: 28 U.S.C. § 2241 ·; 21 U.S.C. § 841(c) ·; 18 U.S.C. § 4203(a)(1) ·; 18 U.S.C. § 3583(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.