In US v. Epstein, No. 09-4025, the court held that prior terms of imprisonment for violations of supervised release do not limit the maximum sentence a district court may impose for a subsequent violation of supervised release under 18 U.S.C. section 3583(e)(3), as amended by the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (PROTECT Act).
In Luna v. Holder, No. 07-3796, the court transferred petitions for review of final orders of removal to the district court for further proceedings, holding that 1) although the petitions are untimely, the REAL ID Act did not divest district courts of habeas jurisdiction to consider petitioners’ claims that they were prevented by circumstances beyond their control from filing timely petitions for review; and 2) thus, the circuit court need not decide whether the statutory 30-day filing requirement violates the Suspension Clause of the U.S. Constitution in cases in which an alien misses the deadline because of ineffective assistance of counsel or circumstances created by the government.
Related Resources
- Full Text of US v. Epstein, No. 09-4025
- Full Text of Allied Maritime, Inc. v. Descatrade SA, No. 09-5329
- Full Text of Luna v. Holder, No. 07-3796
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