United States v. Crowder

18 U.S.C. § 3583(h) allows a “subsequent lifetime term of supervised release, even when accompanied by a term of imprisonment.”

Kevin Crowder was sentenced to 14 months’ imprisonment and lifetime supervised release after being convicted in Washington for child molestation. He was also convicted in Montana for failing to register as a sex offender, in violation of the Sex Offender Registration and Notification Act (“SORNA”). Additionally, Crowder pled guilty to knowing possession of a firearm and ammunition. The district court sentenced him to 33 months’ imprisonment on each count and imposed a term of lifetime supervised release for his SORNA violation along with three years’ supervised release for his firearm conviction. Shortly after Crowder began his supervised release, the district court revoked his supervised release because he had violated the conditions. The court sentenced him to “two terms of 14 months’ imprisonment to run concurrently and to a lifetime term of supervised release in connection with the supervised release revocation on the conviction for failure to register under SORNA.” Crowder was initially convicted under 18 U.S.C. § 2250(a) for failing to register under SORNA, which allows a lifetime term of supervised release. However, Crowder argued that § 3583(h) does not “authorize a lifetime term of supervised release following revocation.” Looking at statutory construction and interpretations from other circuits, the Ninth Circuit followed the Second and Tenth Circuits and held that § 3583(h) does not “bar reimposition of lifetime supervised release.” The panel explained that the plain meaning of the statute does not support the interpretation Crowder promoted. AFFIRMED.