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Pipe Bomb Sentence, Longer Than Statutory Maximum, Still Valid

Jan. 14, 2022, 8:11 PM

A defendant convicted for possession of pipe bombs, and sent back to prison several times after his supervised release was revoked, had his sentence upheld by the Eleventh Circuit even though his time served exceeded the maximum for the underlying offense.

The court, however, couldn’t agree on why the extra-long sentence and the statute under which it was imposed weren’t unconstitutional as applied to Anthony Moore.

Moore was sentenced to 10 years in prison plus three years of supervised release. He served his prison time but didn’t stay sober when he got out, which violated the terms of his release. ...

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