Argued: September 15, 2017
from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:08-cr-00401-REP-1)
Jill Koenig, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond,
Virginia, for Appellant.
R. Hood, OFFICE OF THE UNITED STATES ATTORNEY, Richmond,
Virginia, for Appellee.
C. Kamens, Federal Public Defender, Patrick L. Bryant,
Appellate Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Alexandria, Virginia, for Appellant.
J. Boente, United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Alexandria, Virginia, for Appellee.
SHEDD, AGEE, and FLOYD, Circuit Judges.
Marcus L. Harris appeals the revocation of his supervised
release. The district court revoked his original term of
supervised release for a technical violation, and imposed a
second term of supervised release. Soon after, the court
revoked Harris's second term of supervised release for a
substantive violation. Harris argues that the district court
lacked jurisdiction to revoke his second term of supervised
release. Assuming the court had jurisdiction, Harris further
argues that the revocation sentence exceeded the statutory
maximum. Because the district court retained jurisdiction to
revoke Harris's supervised release a second time, and
properly prescribed the maximum sentence permitted under 18
U.S.C. § 3583(e)(3), we affirm.
2009, Harris pled guilty to Possession with Intent to
Distribute 5 Grams or More of Cocaine Base, a Class B felony
under 21 U.S.C. § 841. The district court sentenced
Harris to a term of imprisonment and 48 months of supervised
release ("original term"). Harris began his
original term of supervised release on September 8, 2014. The
conditions of the release specified that Harris "shall
not commit another federal, state or local crime, " and
"shall notify the probation officer within seventy-two
hours of being arrested or questioned by a law enforcement
officer . . . ." J.A. 20.
2015, Harris was involved in a traffic stop by the Petersburg
Bureau of Police ("PBP"), which led to the
discovery of firearms and substances suspected to be drugs,
and the execution of two search warrants at his home. Harris
failed to report the PBP officers' questioning in
connection with the search warrants to his probation officer,
but the probation officer eventually learned of the
encounter. As a result, on September 3, 2015, the government
filed a petition ("original petition") in federal
court seeking to revoke Harris's original term of
supervised release for two alleged violations: (1) commission
of a crime-Possession of a Firearm by a Convicted Felon and
(2) commission of a crime-Possession of Controlled Substance.
the original petition was pending, on September 24, 2015,
Harris was separately arrested by the PBP and charged in
state court with murder and use of a firearm in the
commission of a felony. The government subsequently filed
three addenda to the original petition, indicating that the
state investigation of the murder charge was connected to the
July traffic stop involving the drugs and firearms. The first
addendum alleged that Harris failed to notify his probation
officer within 72 hours of questioning by law enforcement,
referencing the PBP's execution of the search warrants.
The second addendum alleged Harris's two new state
criminal charges as the basis for revocation. The third
addendum requested that the district court issue an arrest
warrant based on the second addendum's allegations. The
district court approved the government's request to amend
the original petition through these addenda and issued an
district court held a revocation hearing on October 6, 2015.
The court revoked Harris's original term of supervised
release for his failure to report, as alleged in the first
addendum, and imposed the first revocation sentence. This
sentence consisted of one month of imprisonment (from October
6, 2015, to November 5, 2015) and 40 months of supervised
release. Given the pending state court proceedings, the