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United States v. Haymond —F.3d—, 2017 WL 3752465 (August 31, 2017)

Aug 31, 2017

The district court revoked the defendant’s supervised release in part because it found, by a preponderance of the evidence, that the defendant had knowingly been in possession of child pornography. Under 18 U.S.C. § 3583, revocation of parole for possession of child pornography triggers a mandatory minimum sentence of five years’ re-incarceration. The 10th Circuit overturned the sentence, holding that § 3583 violates the Sixth Amendment because it punishes the defendant with re-incarceration for conduct of which he has not been found guilty by a jury beyond a reasonable doubt.