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Wright: Community Control Revocation Counts Like Probation Revocation

By Tim Cone

In U.S. v. Wright, No. 09-12685 (May 26, 2010), the Court held that a Florida sentence of ?community control? is ?similar? to other forms of conditional release, like probation, and that a sentence for revocation of community control therefore counts for purposes of calculating criminal history points under USSG § 4A1.1(a). The Court noted the similarities between the purpose and operation of probation and community control.The Court also rejected a constitutional challenge to 18 U.S.C. § 922(g), pointing out that the statute only requires a ?minimal nexus? to interstate commerce, which was satisfied here because Wright?s firearms were manufactured outside Florida.

Full post as published by Defense Newsletter Blog on May 27, 2010 (boomark / email).