Submitted Dec. 5, 2013.[*]
Michael Donahoe, Assistant Federal Public Defender, Federal Defenders of Montana, Helena, MT, for Defendant-Appellant.
Danna Rae Jackson and Leif Johnson, Assistant United States Attorneys, United States Attorneys' Office, Helena, MA, for Plaintiff-Appellee.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding. D.C. Nos. 2:09-cr-00025-DWM-1, 2:09-cr-00031-DWM-1.
Before: M. MARGARET McKEOWN and RICHARD C. TALLMAN, Circuit Judges, and STEPHEN JOSEPH MURPHY, III, District Judge.[**]
McKEOWN, Circuit Judge:
Kevin Leroy Crowder appeals from a sentence of 14 months' imprisonment and lifetime supervised release. The issue we consider is whether 18 U.S.C. § 3583(h), which authorizes an additional term of supervised release following revocation of supervised release, permits imposition of a lifetime term of supervised release. We join our sister circuits in holding that it does. See United States v. Cassesse, 685 F.3d 186, 191 (2d Cir.2012); see also United States v. Rausch, 638 F.3d 1296, 1302-03 (10th Cir.2011).
Crowder is subject to the Sex Offender Registration and Notification Act (" SORNA" ), 18 U.S.C. § 2250(a), as a result of a Washington State conviction for child molestation. In 2009, Crowder was convicted in the District of Montana for failing to register and/or update a registration, in violation of SORNA. In a separate federal proceeding, Crowder pleaded guilty to knowing possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1).
At a consolidated sentencing hearing in 2010, the district court sentenced Crowder to 33 months' imprisonment on each count to run concurrently. The court also imposed a term of lifetime supervised release in connection with the SORNA violation and a term of three years' supervised release in connection with the firearm conviction. Conditions of supervision included, among other things, a requirement to " report to the probation office ... within 72 hours of release from the custody of the Bureau of Prisons [ (" BOP" ) ]." This initial term of lifetime supervised release is not at issue on appeal.
After serving his sentence, Crowder was released and began serving his terms of supervised release. Within days of his release, the United States Probation Office filed a " Petition for Warrant for Offender Under Supervision." An amended petition filed some months later alleged that Crowder had failed to report to the probation office within 72 hours of his release from custody. That petition also alleged that Crowder had committed a state crime in violation of the standard conditions of supervised release. Crowder admitted both alleged violations, and the district court determined that Crowder had violated his conditions of supervised release.
The district court had determined to revoke Crowder's supervised release; at the revocation hearing, it concluded that, in accordance with the factors delineated in 18 U.S.C. § 3553(a), " lifetime supervised release is appropriate ... because of the inability and unwillingness of Mr. Crowder to comply with the conditions that have been set in the federal sentencing." Over defense counsel's objection, the district court sentenced Crowder to two terms of 14 months' imprisonment to run concurrently and to a lifetime ...