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Supreme Court Test Doesn’t Stop Revocation of Supervised Release

April 8, 2020, 4:12 PM

A defendant trying to stay out of jail after violating the terms of his supervised release failed to convince the Second Circuit Wednesday that his constitutional rights were violated by the revocation based on a 2019 U.S. Supreme Court decision.

Albi Doka’s supervised release was revoked under 18 U.S.C §3583(e)(3), which required the judge to find “by a preponderance of the evidence” that he violated the terms of his release.

Although U.S. Court of Appeals for the Second Circuit precedent upholds the constitutionality of the statute, Doka said those cases were overruled by the U.S. Supreme Court’s recent opinion...

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