Executive Summary
- The 10th Circuit Court of Appeals granted a rare en banc review to examine probation resentencing procedures.
- The court will evaluate the "two-step" sentencing method established in United States v. Moore.
- Defense attorneys argue the current 10th Circuit precedent conflicts with ten other federal circuits.
- The review stems from the case of United States v. Moon Seals, involving a probation violation after a threats conviction.
The U.S. Court of Appeals for the 10th Circuit has ordered a rare full-court hearing to determine the correct legal standard for resentencing criminal defendants who violate their probation conditions. This decision to hold an en banc review marks a significant potential shift in how federal judges within the six-state jurisdiction handle sentencing revocations.
According to court documents, the Denver-based appeals court grants fewer than one such request on average out of approximately 190 petitions received annually. The review will focus on the validity of a specific "two-step" sentencing process established in the 2022 opinion United States v. Moore. Under this current precedent, judges must first reimpose a sentence for the underlying crime without considering subsequent events, and then add a separate increment for the probation violation.
The legal challenge arises from the case of United States v. Moon Seals. The defendant, Malachi Mathias Moon Seals, had pleaded guilty to sending threats to federal officials. After violating the terms of his probation, he was resentenced to prison. His legal team argued that the 10th Circuit’s two-step methodology conflicts with the sentencing procedures used by ten other federal circuits, making the court a national outlier.
Court records indicate that while a three-judge panel initially upheld Moon Seals’ sentence based on the Moore precedent, doubts regarding the procedure were raised. Senior Judge Michael R. Murphy, a member of the panel, noted that the judges were "not without some doubt" about the process. Consequently, the full court issued an order on January 22 announcing it will decide whether to maintain the current method or adopt a one-step resentencing approach aligned with other circuits.
Legal Ramifications
The decision to convene an en banc hearing suggests a high probability that the 10th Circuit is preparing to overrule or significantly modify its prior precedent regarding probation revocation sentencing. By revisiting the statutory interpretation of the 1990s sentencing laws, the court aims to resolve the current circuit split and ensure uniformity in federal jurisprudence. A ruling in favor of the defense would streamline resentencing procedures across the circuit, impacting how district judges calculate prison terms for future probation violations.
