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L-R Matthew Ohlheiser and Stephen Miller, Cozen O’Connor.

The U.S. Supreme Court is currently considering whether a jury—as opposed to a judge—must make certain findings of fact necessary to revoke a defendant’s supervised release. A section of the relevant statute, 18 U.S.C. Section 3583(k), requires that convicted defendants return to prison for a minimum of five years, and up to a term of life, if they are found to have violated the terms of their supervised release. The statute requires only that a judge find, by a preponderance of the evidence, that such violation has occurred. The Supreme Court will decide whether this process violates a defendant’s Sixth Amendment right to trial by jury.

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