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    United States v. Manuel Page, 4th Cir. (2012)

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    1) Manuel Page violated the terms of his supervised release and the district court revoked his release and sentenced him to 12 months imprisonment followed by 22 months supervised release, the statutory maximum. 2) Upon defense counsel's request, the court added one day to the imprisonment term to allow for good time credits but failed to reduce the supervised release term by one day, exceeding the statutory maximum. 3) The appeals court found this to be plain error, vacated the sentence, and remanded for resentencing in accordance with reducing the supervised release term to match the increased imprisonment term.

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    United States v. Manuel Page, 4th Cir. (2012)

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    1) Manuel Page violated the terms of his supervised release and the district court revoked his release and sentenced him to 12 months imprisonment followed by 22 months supervised release, the statutory maximum. 2) Upon defense counsel's request, the court added one day to the imprisonment term to allow for good time credits but failed to reduce the supervised release term by one day, exceeding the statutory maximum. 3) The appeals court found this to be plain error, vacated the sentence, and remanded for resentencing in accordance with reducing the supervised release term to match the increased imprisonment term.

    Original Description:

    Filed: 2012-01-05 Precedential Status: Non-Precedential Docket: 11-4646

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    1) Manuel Page violated the terms of his supervised release and the district court revoked his release and sentenced him to 12 months imprisonment followed by 22 months supervised release, the statutory maximum. 2) Upon defense counsel's request, the court added one day to the imprisonment term to allow for good time credits but failed to reduce the supervised release term by one day, exceeding the statutory maximum. 3) The appeals court found this to be plain error, vacated the sentence, and remanded for resentencing in accordance with reducing the supervised release term to match the increased imprisonment term.

    Copyright:

    Public Domain
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    10 views3 pages

    United States v. Manuel Page, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    1) Manuel Page violated the terms of his supervised release and the district court revoked his release and sentenced him to 12 months imprisonment followed by 22 months supervised release, the statutory maximum. 2) Upon defense counsel's request, the court added one day to the imprisonment term to allow for good time credits but failed to reduce the supervised release term by one day, exceeding the statutory maximum. 3) The appeals court found this to be plain error, vacated the sentence, and remanded for resentencing in accordance with reducing the supervised release term to match the increased imprisonment term.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-4646

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    MANUEL L. PAGE,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Beckley.
    Irene C. Berger,
    District Judge. (5:04-cr-00155-1)

    Submitted:

    December 8, 2011

    Decided:

    January 5, 2012

    Before NIEMEYER, MOTZ, and DIAZ, Circuit Judges.

    Vacated and remanded by unpublished per curiam opinion.

    Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,


    Appellate Counsel, Christian M. Capece, Assistant Federal Public
    Defender, Charleston, West Virginia, for Appellant.
    R. Booth
    Goodwin II, United States Attorney, John L. File, Assistant
    United States Attorney, Beckley, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Manuel
    firearm

    as

    L.

    Page

    convicted

    922(g)(1) (2006).

    was

    found

    felon,

    guilty

    in

    of

    possessing

    violation

    of

    18

    U.S.C.

    The court sentenced Page to eighty-four

    months imprisonment and three years supervised release.


    Court affirmed the conviction and sentence.

    This

    United States v.

    Page, 169 F. Appx 782 (4th Cir. 2006) (No. 05-4451).

    Page

    served his imprisonment sentence and was released to supervision


    on August 20, 2010.
    conditions
    Pages

    of

    his

    supervised

    Shortly thereafter, Page violated several


    supervised

    release.

    release
    He

    was

    and

    the

    sentenced

    court
    to

    revoked

    sixty

    days

    imprisonment, sixty days community confinement, and twenty-four


    months

    supervised

    release.

    This

    Court

    affirmed.

    United

    States v. Page, No. 11-4013 (4th Cir. Oct. 27, 2011).


    Page subsequently committed additional misconduct and
    the court again revoked Pages supervised release.

    Originally,

    the court sentenced Page to the statutory maximum sentence of


    twelve

    months

    supervised
    However,

    imprisonment,

    release.

    upon

    defense

    18

    followed

    U.S.C.

    counsels

    by

    twenty-two

    3583(e)(3),
    request,

    the

    (h)

    months
    (2006).

    district

    court

    added one day to Pages term of imprisonment in order to permit


    him to earn good time credits while incarcerated.

    The court,

    however, failed to decrease Pages term of supervised release by


    one day.

    Page timely appealed, arguing that his sentence is


    2

    plainly unreasonable because, among other reasons, it exceeds


    the

    maximum

    concedes

    possible

    that

    the

    sentence

    district

    by

    one

    court

    day.

    The

    committed

    Government

    plain

    error

    by

    imposing a supervised release sentence one day in excess of the


    statutory maximum.

    We agree.

    Because Page did not raise this argument below, we


    review for plain error.

    United States v. Massenburg, 564 F.3d

    337, 342 (4th Cir. 2009).

    To establish plain error, Page must

    show:

    made;

    (1)

    an

    error

    was

    (2)

    the

    error

    (3) the error affects substantial rights.


    Because
    sentence

    at

    the

    the

    district

    statutory

    court

    maximum,

    is

    plain;

    and

    Id., at 342-43.
    originally

    once

    it

    imposed

    increased

    Pages

    imprisonment sentence by one day, it was required to decrease


    Pages

    term

    of

    supervised

    3583(e)(3) and (h).


    plain error.

    release

    by

    one

    day.

    18

    U.S.C.

    The district courts failure to do so is

    Massenburg, 564 F.3d at 342.

    Accordingly,

    we

    vacate

    the

    district

    courts

    amended

    revocation of supervised release and judgment order, and remand


    this case for resentencing in accordance with this opinion.
    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    VACATED AND REMANDED


    3

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