United States v. Shimabukuro

After pleading guilty to a conspiracy, Shimabukuro served 78 months in prison and began five years of supervised release. Over the next eight years, the district court revoked Shimabukuro’s supervised release on three separate occasions in response to Shimabukuro’s violations of the terms of his release. The first time, the court sentenced him to 18 months imprisonment and 42 months of supervised release. The second time, the court imposed a sentence of one month of time served and an additional 41 months of supervised release with 150 days of intermittent confinement, broken into 50 consecutive weekends. When the court revoked Shimabukuro’s release for the third time, it sentenced him to 17 months imprisonment with no additional supervised release. Shimabukuro objected that 17 months in prison—when aggregated with his previous 18-month term of imprisonment, one month of time served, and 150 days of intermittent confinement— exceeded 18 U.S.C. 3583(e)(3)’s cap on time “in prison” that a court may impose when revoking supervised release. The district court reasoned that intermittent confinement did not count as time “in prison.” The Ninth Circuit vacated. The 150 days constitute time spent “in prison” and should have been included in the calculation of the aggregate time Shimabukuro had served. View "United States v. Shimabukuro" on Justia Law