Petition for Writ of Certiorari — Kenneth Robert Simpson, Petitioner v. United States

Supreme Court briefMar 11, 2026

Ask Donna

What actually matters in this document.

Text

No. ____________

_________________________________________

IN THE

SUPREME COURT OF THE UNITED STATES

_________________________________________

KENNETH SIMPSON, Petitioner

UNITED STATES OF AMERICA, Respondent

_________________________________________

On Petition for Writ of Certiorari

to the U.S. Court of Appeals, Eighth Circuit

_________________________________________

APPENDIX TO PETITION FOR A WRIT OF CERTIORARI

_________________________________________

Carlyle Parish LLC

Kathryn B. Parish*

3407 Jefferson, #128

Saint Louis, MO 63118

*Counsel of Record

ATTORNEY FOR PETITIONER

United States Court of Appeals

For the Eighth Circuit

___________________________

No. 24-2575

___________________________

United States of America

Plaintiff - Appellee

Kenneth Robert Simpson

Defendant - Appellant

___________________________

No. 24-2576

___________________________

United States of America

Plaintiff - Appellee

Kenneth Robert Simpson

Defendant - Appellant

____________

Appeals from United States District Court

for the Eastern District of Missouri - St. Louis

____________

Appellate Case: 24-2575

Page: 1

Date Filed: 11/06/2025 Entry ID: 5575561

Submitted: September 19, 2025

Filed: November 6, 2025

[Unpublished]

____________

Before BENTON, GRASZ, and KOBES, Circuit Judges.

____________

PER CURIAM.

Kenneth Simpson pleaded guilty in 2011 to receipt of child pornography

under 18 U.S.C § 2252(a)(2). He was sentenced to 60 months in prison and a life

term of supervised release. Since then, he has refused to register as a sex offender,

leading to three revocations of his supervised release. After serving his fourth prison

sentence, he absconded from supervision. The probation office petitioned for a

fourth revocation, and the district court issued a warrant for his arrest. About three

years later, he was found, arrested, and indicted for failure to register as a sex

offender under 18 U.S.C § 2250(a).

Before trial, the district court 1 denied Simpson’s pro se motion challenging

the constitutionality of § 2250(a). A jury found Simpson guilty, and the district court

sentenced him to 60 months in prison, varying up from the 12- to 18-month

Guidelines range. The court also imposed a consecutive 10-month revocation

sentence, followed by a life term of supervised release.

First, Simpson’s constitutional challenges to § 2250(a)(2)(A) fail. His

argument that Congress lacked authority to enact § 2250(a)(2)(A) is foreclosed by

precedent. United States v. Howell, 552 F.3d 709 (8th Cir. 2009) (holding that

§ 2250 is constitutional under the Commerce Clause). And his newly raised Due

The Honorable Ronnie L. White, United States District Judge for the Eastern

District of Missouri, now retired, adopting the report and recommendation of the

Honorable Rodney H. Holmes, United States Magistrate Judge for the Eastern

District of Missouri.

-2Appellate Case: 24-2575

Page: 2

Date Filed: 11/06/2025 Entry ID: 5575561

Process argument is not properly before us. See Eagle Tech. v. Expander Americas,

Inc., 783 F.3d 1131, 1138 (8th Cir. 2015) (“[W]e will not consider an argument

raised for the first time on appeal.”).

Second, we have held—and now hold for the fourth time—that Simpson’s

argument that the revocation violates the Double Jeopardy Clause amounts to an

“improperly raised collateral attack[] on his underlying conviction and sentence.”

United States v. Simpson, 653 F. App’x. 850, 851 (8th Cir. 2016) (per curiam); see

United States v. Simpson, 704 F. App’x. 609 (8th Cir. 2017) (per curiam); United

States v. Simpson, 932 F.3d 1154, 1156–57 (8th Cir. 2019). We will not revisit those

decisions. See Simpson, 932 F.3d at 1156–57 (“When a court decides a rule of law,

that decision governs the same issues in subsequent stages of the case.”).2

Third, the district court did not abuse its discretion by imposing an aboveGuidelines, 60-month sentence for his failure to register as a sex offender. United

States v. Cloud, 956 F.3d 985, 987 (8th Cir. 2019) (standard of review); see United

States v. Clark, 998 F.3d 363, 368 (8th Cir. 2021) (“We have repeatedly stated that

variances are appropriate based on repeated violations of supervised release.”

(cleaned up)). Simpson argues that the court gave too little weight to mitigating

factors, like the fact that he had a “stable job and housing,” and too much weight to

aggravating factors, like his persistent refusal to register and yearslong flight from

supervision. That the court did not weigh the § 3553(a) factors as Simpson would

have preferred does not warrant reversal. United States v. Noriega, 35 F.4th 643,

652 (8th Cir. 2022).

Finally, the district court did not abuse its discretion by reimposing a life term

of supervised release at the revocation hearing. United States v. McGhee, 869 F.3d

Simpson argues that the Supreme Court’s subsequent decision, United States

v. Haymond, requires a different result. 588 U.S. 634 (2019). Haymond held that

§ 3583(k), a provision of the supervised release statute not implicated here, violated

the defendant’s constitutional right to a jury trial. Id. at 637. It says nothing of the

procedural bar at issue here.

-3Appellate Case: 24-2575

Page: 3

Date Filed: 11/06/2025 Entry ID: 5575561

703, 706 (8th Cir. 2017) (per curiam) (standard of review). Simpson argues that the

court failed to “explain why it believed such a long term of supervision was

necessary.” But it highlighted “Simpson’s ongoing blatant defiance of federal, state,

and local sex offender registration laws,” his “history of violations,” and “his refusal

to engage in the basic first step of reporting as directed for supervised release.” That

was enough. Clark, 998 F.3d at 368 (“In explaining the sentence, the district court

need only set forth enough to satisfy the appellate court that it has considered the

parties’ arguments and has a reasoned basis for exercising its own legal

decisionmaking authority.” (cleaned up)).

Simpson argues in the alternative that, to the extent the district court did

explain the revocation sentence, its only asserted justification “was the need to

promote respect for the law,” an improper factor in a revocation proceeding. See

Esteras v. United States, 145 S. Ct. 2031, 2039–40 (2025). We disagree. The district

court did not rely on that factor, but on appropriate § 3553(a) considerations,

including “the nature and circumstances of the offense and the history and

characteristics of the defendant.” See United States v. Pratt, 142 F.4th 1090, 1095

(8th Cir. 2025) (quoting § 3553(a)(1)). It “did not abuse its discretion by placing

great weight on [Simpson’s] history of noncompliance with court supervision.” Id.

Affirmed.

______________________________

-4Appellate Case: 24-2575

Page: 4

Date Filed: 11/06/2025 Entry ID: 5575561

UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

No: 24-2575

United States of America

Appellee

Kenneth Robert Simpson

Appellant

No: 24-2576

United States of America

Appellee

Kenneth Robert Simpson

Appellant

______________________________________________________________________________

Appeal from U.S. District Court for the Eastern District of Missouri - St. Louis

(4:10-cr-00169-HEA-1)

(4:23-cr-00297-HEA-1)

______________________________________________________________________________

ORDER

The petition for rehearing en banc is denied. The petition for rehearing by the panel is

also denied.

December 11, 2025

Order Entered at the Direction of the Court:

Clerk, U.S. Court of Appeals, Eighth Circuit.

____________________________________

/s/ Susan E. Bindler

Appellate Case: 24-2575

Page: 1

Date Filed: 12/11/2025 Entry ID: 5586996

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1151

Page: 1 of 9 PageID #:

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

UNITED STATES OF AMERICA

JUDGMENT IN A CRIMINAL CASE

(For Revocation of Probation or Supervised Release)

Case Number: 4:10-CR-00169-RLW(1)

USM Number: 37171-044

Craig J. Concannon

KENNETH SIMPSON

Pro Se

Defendant’s Standby Attorney

THE DEFENDANT:

☒ admitted guilt to the following violation of condition(s):

☐ was found in violation of the following condition(s) after denial of guilt:

(See violations listed below)

The defendant is adjudicated guilty of these violations:

Violation Number

Standard Condition No. 1

Special Condition No. 1

Mandatory Condition No. 1

Nature of Violation

You must report to the probation office in the federal

judicial district where you are authorized to reside

within 72 hours of your release from imprisonment,

unless the probation officer instructs you to report to a

different probation office or within a different time

frame. [USSG §7B1.1(a)(3)(B)]

You must reside in a residential reentry center for a

term of not more than 120 days. You must follow the

rules and regulations of the center.

[USSG §7B1.1(a)(3)(B)]

You must not commit another federal, state or local

crime. [USSG §7B1.1(a)(2)]

Violation Ended

November 7, 2019

May 16, 2023

The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing

Reform Act of 1984.

The defendant has not violated condition(s)

and is discharged as to such violation(s)

☐ condition.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,

residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If

ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic

circumstances.

Last Four Digits of Defendant’s Soc. Sec. 5367

July 22, 2024

Date of Imposition of Judgment

Defendant’s Year of Birth: 1983

Signature of Judge

City and State of Defendant’s Residence:

St. Louis, Missouri

RONNIE L. WHITE

UNITED STATES DISTRICT JUDGE

Name and Title of Judge

July 22, 2024

Date

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1152

Page: 2 of 9 PageID #:

AO 245D (Rev. MOED 9/19) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 2 of 8

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

ADDITIONAL VIOLATIONS

Violation Number

Mandatory Condition No. 6

Standard Condition No. 5

Special Condition No. 15

Special Condition No. 19

Special Condition No. 16

Special Condition No. 17

Special Condition No. 18

Nature of Violation

You must comply with the requirements of the Sex

Offender Registration and Notification Act (42 U.S.C.

§ 20901, et seq.) as directed by the probation officer,

the Bureau of Prisons, or any state sex offender

registration agency in which you reside, work, are a

student, or were convicted of a qualifying offense.

[USSG §7B1.1(a)(2)]

You must live at a place approved by the probation

officer. If you plan to change where you live or

anything about your living arrangements (such as the

people you live with), you must notify the probation

officer at least 10 days before the change. If notifying

the probation officer in advance is not possible due to

unanticipated circumstances, you must notify the

probation officer within 72 hours of becoming aware

of a change or expected change.

[USSG §7B1.1(a)(3)(B)]

You must submit your person, property, house,

residence, vehicle, papers, computers (as defined in

18 U.S.C. § 1030(e)(1)), other electronic

communications or data storage devices or media, or

office, to a search conducted by a United States

probation officer. You must warn any other occupants

that the premises may be subject to searches pursuant

to this condition. The probation officer may conduct a

search under this condition only when reasonable

suspicion exists that you have violated a condition of

supervision and that the areas to be searched contain

evidence of this violation. Any search must be

conducted at a reasonable time and in a reasonable

manner. [USSG §7B1.1(a)(3)(B)]

You must submit your computers (as defined in 18

U.S.C. § 1030(e)(1)) or other electronic

communications or data storage devices or media, to a

search. [USSG §7B1.1(a)(3)(B)]

You must not possess and/or use computers (as

defined in 18 U.S.C. § 1030(e)(1)) or other electronic

communications or data storage devices or media

without the written approval of the probation office.

[USSG §7B1.1(a)(3)(B)]

You must advise the probation office of all

computers, electronic equipment, and web enabled

equipment, including cell phones, to which you

possess or have access within 24 hours of obtaining

same. [USSG §7B1.1(a)(3)(B)]

You must not access the Internet except for reasons

approved in advance by the probation officer.

[USSG §7B1.1(a)(3)(B)]

Violation Ended

May 16, 2023

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1153

Page: 3 of 9 PageID #:

AO 245D (Rev. MOED 9/19) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 3 of 8

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

ADDITIONAL VIOLATIONS

Special Condition No. 25

You must not view or possess any "visual depiction"

(as defined in 18 U.S.C. § 2256), including any

photograph, film, video, picture, or computer or

computer-generated image or picture, whether made

or produced by electronic, mechanical, or other

means, of "sexually explicit conduct" (as defined in

18 U.S.C. § 2256). [USSG §7B1.1(a)(3)(B)]

THIS SECTION INTENTIONALLY LEFT BLANK

May 16, 2023

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1154

Page: 4 of 9 PageID #:

AO 245D (Rev. MOED 9/19) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 4 of 8

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:

ten (10) months. It is further ordered that this sentence be served consecutively to any sentence imposed in U.S. District Court under

Docket No. 4:23CR00297-1 RLW.

☐ The court makes the following recommendations to the Bureau of Prisons:

☒ The defendant is remanded to the custody of the United States Marshal.

☐ The defendant shall surrender to the United States Marshal for this district:

☐ at

☐

a.m.

☐

p.m.

☐ as notified by the United States Marshal.

☐ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

☐ before 2 p.m. on

☐ as notified by the United States Marshal.

☐ as notified by the Probation or Pretrial Services Office.

MARSHALS RETURN MADE ON SEPARATE PAGE

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1155

Page: 5 of 9 PageID #:

AO 245D (Rev. MOED 9/19) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 5 of 8

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: life.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release

from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

☐ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future

substance abuse. (check if applicable)

☐ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence

of restitution. (check if applicable)

☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

6. ☒ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et

seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which

you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

☐ You must participate in an approved program for domestic violence. (check if applicable)

You must comply with the standard conditions that have been adopted by this court as well as with any additional

conditions on the attached page.

10 a

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1156

Page: 6 of 9 PageID #:

AO 245D (Rev. MOED 9/19) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 6 of 8

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are

imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed

by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your

release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time

frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and

when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from

the court or the probation officer.

4. You must answer truthfully the questions asked by your probation officer.

5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living

arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying

the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72

hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer

to take any items prohibited by the conditions of your supervision that he or she observes in plain view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from

doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses

you from doing so. If you plan to change where you work or anything about your work (such as your position or your job

responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10

days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of

becoming aware of a change or expected change.

8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been

convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the

probation officer.

9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that

was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or

tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant

without first getting the permission of the court.

12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may

require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the

person and confirm that you have notified the person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a

written copy of this judgment containing these conditions. I understand additional information regarding these

conditions is available at www.uscourts.gov.

Defendant’s Signature

Date

11 a

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1157

Page: 7 of 9 PageID #:

AO 245D (Rev. MOED 9/19) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 7 of 8

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

SPECIAL CONDITIONS OF SUPERVISION

While on supervision, the defendant shall comply with the standard conditions that have been adopted by this Court and shall comply

with the following additional conditions. If it is determined there are costs associated with any services provided, the defendant shall

pay those costs based on a co-payment fee established by the probation office.

If required to register, you must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. §

16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you

reside, work, are a student, or were convicted of a qualifying offense.

You must reside in a residential reentry center for a term of not more than 120 days. You must follow the rules and regulations of the

center.

You must participate in the Location Monitoring Program for a period of 90 days and shall abide by all technology requirements. As

determined by the probation officer, you may be required to maintain a telephone at your place of residence without any service that

would interfere with the operation of the location monitoring equipment for the above period. At the discretion of the probation

officer, unless otherwise ordered by the Court, you may be required to wear a location monitoring device that may include Global

Positioning System and/or Random Tracking. You must follow the location monitoring procedures specified by the probation office.

You are restricted to your residence at all times, except for employment; education; religious services; medical, substance abuse, or

mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as preapproved by the officer

(home detention).

You must submit to substance abuse testing to determine if you have used a prohibited substance. You must not attempt to obstruct or

tamper with the testing methods.

You must participate in a substance abuse treatment program and follow the rules and regulations of that program. The probation

officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.).

You must not use or possess alcohol.

You must participate in a mental health treatment program and follow the rules and regulations of that program. The probation officer,

in consultation with the treatment provider, will supervise your participation in the program (provider, location, modality, duration,

intensity, etc.).

You must participate in a sex offense-specific treatment program and follow the rules and regulations of that program. The probation

officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.).

You must submit to periodic physiological testing which may include but is not limited to polygraph testing at the discretion of the

probation officer as a means to ensure that you are in compliance with the requirements of your supervision or treatment program.

You must not view or possess any "visual depiction" (as defined in 18 U.S.C. § 2256), including any photograph, film, video, picture,

or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of

"sexually explicit conduct" (as defined in 18 U.S.C. § 2256).

You must not have direct contact with any child you know or reasonably should know to be under the age of 18, including your own

children, without the permission of the probation officer. If you do have any direct contact with any child you know or reasonably

should know to be under the age of 18, including your own children, without the permission of the probation officer, you must report

this contact to the probation officer within 24 hours. Direct contact includes written communication, in-person communication, or

physical contact. Direct contact does not include incidental contact during ordinary daily activities in public places.

You are prohibited from engaging in any occupation, business, profession, or volunteer work where you have access to children under

the age of 18 without prior written approval from the probation office.

12 a

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1158

Page: 8 of 9 PageID #:

AO 245D (Rev. MOED 9/19) Judgment in a Criminal Case

DEFENDANT:

CASE NUMBER:

Judgment -- Page 8 of 8

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

SPECIAL CONDITIONS OF SUPERVISION – CONTINUED

You must not go to, or remain at, any place where you know children under the age of 18 are likely to be, including parks, schools,

playgrounds, and childcare facilities.

You must not go to, or remain at, a place for the primary purpose of observing or contacting children under the age of 18.

You must not access the Internet except for reasons approved in advance by the probation officer.

You must not possess and/or use computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage

devices or media without approval of the probation office.

You must not possess or use any audio/visual recording or producing equipment at any location without the written approval of the

probation office. If approval is given, you must consent to the probation office or probation service representative conducting

unannounced examinations, including retrieval and copying of all data related to the equipment.

You must advise the probation office of all computer, electronic equipment, and web enabled equipment, including cell phones, to

which you possess or have access within 24 hours of obtaining same.

You must allow the probation officer to install computer monitoring software on any computer (as defined in 18 U.S.C. § 1030(e)(1))

you use.

To ensure compliance with the computer monitoring condition, you must allow the probation officer to conduct initial and periodic

unannounced searches of any computers (as defined in 18 U.S.C. § 1030(e)(1)) subject to computer monitoring. These searches shall

be conducted for the purposes of determining whether the computer contains any prohibited data prior to installation of the monitoring

software; to determine whether the monitoring software is functioning effectively after its installation; and to determine whether there

have been attempts to circumvent the monitoring software after its installation. You must warn any other people who use these

computers that the computers may be subject to searches pursuant to this condition.

You must submit your computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage devices or

media, to a search.

You must warn any other people who use these computers or devices capable of accessing the Internet that the devices may be subject

to searches pursuant to this condition. A probation officer may conduct a search pursuant to this condition only when reasonable

suspicion exists that there is a violation of a condition of supervision and that the computer or device contains evidence of this

violation. Any search will be conducted at a reasonable time and in a reasonable manner.

You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. § 1030(e)(1)), other

electronic communications or data storage devices or media, or office, to a physical or electronic search conducted by a United States

probation officer. You must warn any other occupants that the premises may be subject to searches pursuant to this condition. The

probation officer may conduct a search under this condition only when reasonable suspicion exists that you have violated a condition

of supervision and that the areas to be searched contain evidence of this violation.

You must not purchase or maintain a post office box, any other type of private mailbox or any type of storage locker, unit or facility

without written approval of the probation office.

13 a

Case: 4:10-cr-00169-HEA

Doc. #: 312 Filed: 07/22/24

1159

DEFENDANT:

CASE NUMBER:

KENNETH SIMPSON

4:10-CR-00169-RLW(1)

USM Number:

37171-044

Page: 9 of 9 PageID #:

UNITED STATES MARSHAL

RETURN OF JUDGMENT IN A CRIMINAL CASE

I have executed this judgment as follows:

Date defendant was delivered with certified copy of this judgment:____________________

Name and location of facility:__________________________________________________

☐ Defendant was sentenced to Time Served and was released on:______________________

☐ Defendant was sentenced to _______ months/years of Probation and was released on:__________________

☐ Defendant was sentenced to _______ months/years of Supervised Release and was released on:___________

__________________________________________________

NAME OF US MARSHAL/WARDEN

__________________________________________________

By: NAME OF DEPUTY US MARSHAL/CSO

14 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION - ST. LOUIS

BEFORE THE HONORABLE RONNIE L. WHITE

DISTRICT JUDGE

UNITED STATES OF AMERICA,

)

Government, ) Case Numbers:

vs.

) 4:23-CR-00297-RLW-1

) 4:10-CR-00169-RLW-1

KENNETH ROBERT SIMPSON,

)

Defendant. )

================================================================

PRO SE MOTIONS, POST-TRIAL SENTENCING,

AND SUPERVISED RELEASE REVOCATION & SENTENCING HEARING

JULY 22ND, 2024

================================================================

APPEARANCES

For the Government:

Nathan Chapman, AUSA

U.S. ATTORNEY'S OFFICE

111 South 10th Street

St. Louis, MO 63102

For the Defendant:

Kenneth R. Simpson, Pro Se

Standby Counsel:

Craig J. Concannon, Esq.

CONCANNON LAW

7911 Forsyth, Suite 300

St. Louis, MO 63105

Stenographically Reported & Produced by:

LINDA NICHOLS, RDR, CRR

Official Court Reporter

United States District Court

Eastern District of Missouri

111 South 10th Street, Third Floor

St. Louis, MO 63102

15 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

- INDEX PRO SE MOTIONS, POST-TRIAL SENTENCING

AND SUPERVISED RELEASE REVOCATION & SENTENCING HEARING

JULY 22ND, 2024

INDEX

APPEARANCES

PRO SE MOTIONS

TRIAL SENTENCING

SUPERVISED RELEASE REVOCATION & SENTENCING

p. 21

REPORTER'S CERTIFICATE

p. 36

16 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

- PRO SE MOTIONS, POST-TRIAL SENTENCING -

AND SUPERVISED RELEASE REVOCATION & SENTENCING HEARING

JULY 22ND, 2024

PROCEEDINGS IN OPEN COURT

AT 1:30 P.M.:

THE COURT:

MR. CONCANNON:

MR. CHAPMAN:

THE COURT:

MR. CHAPMAN:

MR. CONCANNON:

THE COURT:

Good afternoon, counsel.

Good afternoon.

Good afternoon, Your Honor.

Are we ready to proceed?

Yes, Your Honor.

Yes, Judge.

This is The United States vs. Kenneth

Robert Simpson.

Government is represented by Assistant United States Attorney

Nathan Chapman, defense counsel is Craig Concannon, and

Mr. Simpson is here.

The Cause Number is 4:23-CR-297.

pro se matters first.

- PRO SE MOTIONS -

THE COURT:

before I continue.

Mr. Simpson, I'm going to have you sworn in

Please swear him in.

The

Counsel, I thought we might take up some of these

(Defendant sworn.)

THE COURT:

Mr. Simpson, in your sentencing hearing

you're currently represented by Mr. Concannon.

17 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

Yes.

But you have filed several pro se motions.

Yes.

I would just like to ask you this.

filed a motion titled Reassertion of Faretta/Motions for

Dismissal, ECF Number 143.

at this sentencing hearing?

THE DEFENDANT:

THE COURT:

Yes, sir.

Well, then I'm going to have to go over

your Sixth Amendment right to counsel with you.

THE DEFENDANT:

THE COURT:

at this sentencing hearing.

the right to represent yourself.

THE DEFENDANT:

THE COURT:

You have a Sixth Amendment right to counsel

The Sixth Amendment also gives you

Uh-hm.

The Court previously appointed counsel for

Do you nevertheless wish to proceed as your own lawyer

for the sentencing hearing?

THE DEFENDANT:

THE COURT:

Yes, sir.

you in this matter and counsel represented you at trial.

You

By this document are you asking to represent yourself

Yes, sir.

Do you wish to refuse court-appointed

counsel?

THE DEFENDANT:

THE COURT:

Yes.

Because you have indicated that you wish to

18 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

represent yourself at this stage, I want to impress upon you

that self-representation comes with many dangers and

disadvantages.

trained counsel is a much better alternative.

Simply put, it's not a good idea.

The use of

At trial, the jury found you guilty of Count One,

Failure to Register as a Sex Offender.

for this crime is significant.

provided by law for failure to register as a sex offender is

imprisonment of up to ten years, a fine of not more than

$250,000, or both.

supervised release of not more than five years.

The potential sentence

The maximum possible penalty

The Court may also impose a period of

Do you understand the possible penalties you face?

THE DEFENDANT:

I was under the impression it was a

different term of supervised release.

THE COURT:

We'll get to that but do you understand the

penalties?

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

Yes.

Have you read the Presentence Report?

Yes.

Are you familiar with the Federal

Sentencing Guidelines?

THE DEFENDANT:

THE COURT:

Yes.

Those Guidelines advise the sentencing

court in determining what is the appropriate sentence for a

person convicted of a crime in federal court.

19 a

The Guidelines

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

are very complex.

will be expected to argue the application of the proper

Sentencing Guidelines.

If you represent yourself at sentencing, you

Have you ever worked with the Federal Sentencing

Guidelines in the past?

THE DEFENDANT:

THE COURT:

Yes.

An experienced attorney understands the

complex Federal Sentencing Guidelines at issue in this case and

knows how to prepare for a sentencing hearing.

attorney knows how to preserve issues for appeal.

An experienced

Do you know how to make appropriate objections and

preserve issues for appeal?

THE DEFENDANT:

I know how to make objections.

I would

hope they're appropriate.

THE COURT:

An experienced attorney can view your case

objectively and strategize accordingly, without letting emotions

get in the way.

necessarily very close to this matter, do you believe you can

present your case effectively?

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

Seeing as you are the Defendant and you are

Yes.

Have you ever studied the law?

Yes.

I must advise you that in my opinion you

would be better off represented by a trained lawyer.

is unwise for you to represent yourself and I strongly urge you

20 a

I think it

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

not to do so.

I remind you again that you have a right to counsel at

this sentencing hearing and that the Court previously appointed

counsel for you in this matter.

you at no cost.

Counsel is still available to

Otherwise you can represent yourself.

Knowing that these are your options, in light of the

penalties that may be imposed at sentencing and in considering

the dangers and disadvantages that attach to

self-representation, do you still wish to give up your

constitutional right to assistance of counsel?

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

Yes.

Is your decision entirely voluntary?

It is.

I find that the Defendant has knowingly and

voluntarily waived his right to counsel.

Defendant is competent to do so.

I find that the

I have advised the Defendant of the possible penalties

he faces, and the dangers and disadvantages of

self-representation, and he has made a knowing and intelligent

decision to waive his right to assistance of counsel and to

represent himself in this matter.

Defendant to represent himself in Cause Number 4:23-CR-297-RLW.

I will therefore permit

The Court will again appoint Mr. Craig Concannon as

Standby Counsel.

Are you ready to proceed with your sentencing hearing,

21 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

Mr. Simpson?

THE DEFENDANT:

Yes, sir.

- POST-TRIAL SENTENCING -

THE COURT:

On April 22nd, 2024, you were found guilty,

after a trial by jury, of Failure to Register as a Sex Offender.

Do you remember that?

THE DEFENDANT:

I do.

THE COURT:

afternoon for your sentencing?

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

Do you understand you're here this

Yes, sir.

Have you read the Presentence Report?

I have.

Do you have any objections to the factual

accuracy of the report?

THE DEFENDANT:

motions and the motion to dismiss.

THE COURT:

THE DEFENDANT:

THE COURT:

I do, as I set forward in my pretrial

Well, let's take those up now.

Yes.

You filed a motion to dismiss, ECF 143.

You may proceed.

THE DEFENDANT:

like me and that's fine.

Yes.

So I understand the Court doesn't

The issue that I've consistently raised here, I've

never actually failed to register and I've stated this on the

record.

I was told by the State that I do not have to register

22 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

and it's weird to me that nobody is contesting this.

Nobody has ever said at any point, Mr. Simpson is

lying.

Mr. Simpson was never told this.

this up out of whole cloth.

every time I'm here, saying, Excuse me.

told, Well, we're ignoring that today.

Mr. Simpson is making

I keep coming in front of the Court

I'm not failing to

I'm in compliance with state law.

And in essence I'm

So, fine.

If I'm going to get sentenced, that's great.

I've come to terms with that.

saying that I'm like this serial violator of the law -- in 2016,

as Ms. Meyers stated on the stand, she met me in County Jail

because I walked into the St. Francois County Police Department

and I said, I don't think this is legal.

it.

But to keep pointing out and

I'm here to challenge

Like you did today, they advised me of my rights and

said that it was maybe not in my best interests, but we went

through the proceedings and I won my court case in the State.

They determined I was likely to prevail on my arguments and that

I was allowed to be released pending litigation.

stated this every time I've come in front of the Court.

THE COURT:

And I've

Mr. Simpson, we've taken this up several

times so if you can just confine your comments --

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

I'm sorry.

-- to this motion specifically?

Okay.

23 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

THE COURT:

THE DEFENDANT:

And we'll move on.

Well, I was kind of doing the -- sorry.

I was hitting the motion to vacate.

So my knowledge on the record is not that I'm

intentionally violating the law.

that I was told I don't have to register.

charge should be vacated on that basis alone.

THE COURT:

MR. CHAPMAN:

I do believe what I've said,

I believe that the

Mr. Chapman?

Your Honor, I think maybe to answer one

question, probably part of the reason that no one has contested

this alleged statement is because no one who is making decisions

about Mr. Simpson's case probably believes it, nor have we ever

seen any evidence of it.

You know, somehow the Defendant has clung to a mystery

person who we've never heard from, that has supposedly told him

he doesn't have to register, despite the fact that he has had

federal judges and federal probation officers for years, going

on now for probably close to a decade, saying, You do.

when he doesn't, he goes to prison.

Then

My hope for Mr. Simpson, when it's all said and done,

is that at some point there's some self-reflection that, Maybe

the problem is me and it's not everybody else that constantly

has this wrong.

So all that I guess to say, Your Honor, that there is

no evidence before this Court that Mr. Simpson has been given a

24 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

special exemption that was not available to every other

individual in the United States that has to register as a sex

offender.

THE COURT:

denied.

Mr. Simpson, your motion to dismiss is

We will now --

THE DEFENDANT:

THE COURT:

If I may, just real quick --

We will now take up the motion to set aside

under Rule 29(c), ECF Number 149.

THE DEFENDANT:

we were just addressing.

THE COURT:

I thought that's what

No, we were addressing the Motion to

Dismiss.

Oh, I'm sorry.

THE DEFENDANT:

Okay.

Yeah, I'm sorry.

That's what

I was just going over, was the knowledge.

So, yeah.

I'm sorry.

THE COURT:

I mean you don't need to repeat it.

I just -If

that's your --

THE DEFENDANT:

THE COURT:

accept that as the argument.

No, no, no.

If that's your argument, the Court will

THE DEFENDANT:

Right.

I just listened to the

prosecutor basically say I'm delusional.

case --

THE COURT:

THE DEFENDANT:

I mean my State

No, I want you to argue your motions.

Right.

25 a

Right.

I'm doing so.

Please.

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

If we believe that I'm delusional, if I'm not in my

right mind, that would still seem to lack knowledge.

fact, get charged with failure to register at the State.

THE COURT:

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

I did, in

The Government has given its response.

Okay.

I want you to argue your motion.

I mean that's what I'm doing.

If you don't have anything to add -No, that's what I'm saying.

If you don't have anything to add to

ECF 149?

THE DEFENDANT:

THE COURT:

MR. CHAPMAN:

No.

That's it, then.

Mr. Chapman, would you like to respond?

Your Honor, I would rely on the same

arguments made for the previous motion.

THE COURT:

How about the Motion to Expedite Hearing, ECF 150?

THE DEFENDANT:

Mr. Simpson, your motion is denied.

I mean we're here today, so that's

moot.

THE COURT:

Now we will continue with the Sentencing.

any objections as to the factual accuracy of the Presentence

Report?

It's moot.

MR. CHAPMAN:

Are there

Not on behalf of the United States,

Your Honor.

26 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

THE COURT:

THE DEFENDANT:

THE COURT:

Mr. Simpson?

Just the ones I set forward.

Are there any objections to the probation

officer's application of the Sentencing Guidelines?

MR. CHAPMAN:

Not on behalf of the United States.

THE DEFENDANT:

THE COURT:

No.

There being no objections to the factual

statements contained in the Presentence Report, the Court adopts

these statements as its Findings of Fact.

The Court determines that the applicable Guidelines are

a Total Offense Level of 12 and the Criminal History Category

is II.

12 months to 18 months in prison.

The Guideline provisions call for a sentence of

Under Local Rule 13.05 it is the procedure of this

Court to hold a bench conference in every plea and every

sentencing hearing.

and this portion of the transcript of this hearing will be filed

under seal.

We will now conduct the bench conference

Mr. Concannon, as Standby Counsel, you can come to the

bench.

And you can place the headphones on Mr. Simpson.

Counsel, please approach.

SEALED COURT PROCEEDINGS:

(Pursuant to Local Rule 13.05

a sidebar conference was held on the record

and placed under Seal.)

27 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

PROCEEDINGS RETURNED TO OPEN COURT:

THE COURT:

Does either party know of any reason why

this Court should not now proceed with the imposition of

sentence?

MR. CHAPMAN:

THE DEFENDANT:

Sentencing Memorandum.

No, Your Honor.

THE COURT:

THE DEFENDANT:

THE COURT:

I just asked if -No.

I'm sorry.

All right.

THE DEFENDANT:

argue myself as a person.

crime is --

THE COURT:

Now, do you wish to make a

Absolutely.

In this, I won't even

I'll just argue the nature of the

I'm asking you if you want to speak to the

Court about a sentence.

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

Right.

I don't need to lecture about -Okay.

-- what you think about all these various

things.

THE DEFENDANT:

THE COURT:

sentence should be.

I would simply argue what I did in my

statement in mitigation of your sentence?

No, no.

Just tell me what you think the appropriate

THE DEFENDANT:

I think an appropriate sentence would

28 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

be time served.

No supervised release.

THE COURT:

Do you want to tell me why?

THE DEFENDANT:

Well, as I've stated before, the crime

itself is failing to act.

playground.

having a victim.

They're not picking me up on a

They're not hitting me doing anything prefacing

I'm simply minding my own business and going to work.

And from what I've seen of the case law, this is standard with

this crime, with people just living their lives and not jumping

through hoops for their freedom.

Whether that's right, wrong, or indifferent, it's

radically different than someone drunk driving or, heck, for

that matter, even firing a gun at New Year's with reckless

endangerment for others.

It's something that if I was never caught, there would

be no risk to society.

I would simply continue to go to work and mind my own business.

There would be no danger to anybody.

So from that aspect, three years is a rather harsh

sentence, whether viewed in aggregate or for the crime itself.

THE COURT:

Mr. Chapman?

MR. CHAPMAN:

Your Honor, first, I did want to note for the Court a

Thank you.

slight amendment to the recommendation in the United States'

Sentencing Memorandum.

In the memorandum I asked for 18 months on this case,

29 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

which is still the request, and 12 months on the supervised

release, consecutive.

maximum to be 12 months as opposed to 10, so I just wanted to

let the Court know that's the only modification as to that.

I miscalculated the supervised release

In regard to a sentence, Your Honor, I won't belabor it

because I know that the Court heard the jury trial which pretty

much set out Mr. Simpson's entire history with failing to

I would note, though, that the Defendant has a prior

felony conviction for receiving child pornography.

characterize him as kind of an everyday, ordinary guy who is

just trying to mind his own business I think is a little bit

unfair.

because although he is claiming that he's just been minding his

own business, going to work, and not been on a playground and

all these things, we actually don't know that because he

absconded for the long period of time that he did.

So to

And that also goes to what his potential risk is

So, you know, a good way for Mr. Simpson, in the

future -- hopefully, we don't end up here -- but a good way for

him to build up credit and evidence of that is, in addition to

not failing to register, is to follow all of the other

conditions.

ordinary individual in this circumstance clearly doesn't apply.

The last thing that I would say, Your Honor, is that,

So, again, I think characterizing him as an

clearly again, one of the things we saw in the procedural

30 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

history was an increase in the amount of time that the Defendant

was receiving, obviously hoping that at some point Mr. Simpson

was going to decide that it would just be in his best interests

to comply with the law.

doesn't seem like a lot considering the amount of time the

Defendant has already done, it is the top of the Guidelines and.

I think it's important for the Defendant, going

So in this case, although 18 months

forward, to know that from this point out, he's going to be

facing closer to maximum sentences.

deter his insistence that he not have to register and hopefully

we won't be back here for a fifth time.

Your Honor, for all of those reasons the Government

does request a sentence of 18 months.

THE DEFENDANT:

to that.

THE COURT:

THE DEFENDANT:

THE COURT:

Mr. Simpson -I'm sorry.

-- you don't get a rebuttal to the

Government's statement.

THE DEFENDANT:

THE COURT:

I'm sorry.

You had an opportunity to make your

statement.

THE DEFENDANT:

THE COURT:

I do have one more quick thing to say

So I read a lot of statistics --

Hopefully, that will help

My apologies.

Before we continue, Mr. Concannon, you

filed a motion in Docket Number 159.

31 a

The Court is going to

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

grant your request.

MR. CONCANNON:

THE COURT:

Okay.

Thank you.

Because Mr. Simpson is proceeding Pro Se

and you have been appointed standby counsel.

MR. CONCANNON:

THE COURT:

All right.

After hearing from both the Defendant and

the Government and reviewing the Presentence Report and the

Government's sentencing memorandum, the Court is now ready to

proceed with the imposition of sentence.

The instant offense involved the Defendant, a sex

offender, failing to register as a sex offender as required by

SORNA.

release and failed to register as a sex offender.

Specifically, the Defendant absconded from supervised

The Defendant's criminal history includes a federal

conviction for receipt of child pornography and he was on

supervised release when he committed the instant offense.

As such, in light of the Advisory Guidelines range and

the provisions of 18 U.S.C. § 3553(a), a sentence of 60 months

imprisonment, which represents an upward variance from the

high end of the Guidelines range, I believe would be sufficient

but not greater than necessary to comply with the purposes set

forth in 18 U.S.C. § 3553(a).

This sentence shall run consecutive to any sentence

imposed in Docket Number 4:10-CR-00169-1, as the Defendant was

serving a term of supervised release for the serious offense of

32 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

receipt of child pornography at the time he committed the

instant offense.

Pursuant to the Sentencing Reform Act of 1984 and the

provisions of 18 U.S.C. § 3553(a), it is the judgment of the

Court that the Defendant, Kenneth Robert Simpson, is hereby

committed to the custody of the Bureau of Prisons to be

imprisoned for a term of 60 months.

This sentence shall run consecutive to any sentence

imposed in the United States District Court, Eastern District of

Missouri, under Docket Number 4:10-CR-00169-1.

It is recommended the Defendant be evaluated for

participation in an occupational/educational program

specifically in plumbing, electrical work, auto repair, or

heating, ventilation and air conditioning.

are made to the extent they are consistent with the Bureau of

Prisons policies.

Such recommendations

Upon release from imprisonment, the Defendant shall be

placed on supervised release for a term of five years.

72 hours of release from the custody of the Bureau of Prisons,

the Defendant shall report in-person to the probation office in

the district to which the Defendant is released.

Within

As part of your supervision, you must comply with the

standard conditions of supervision that have been adopted by

this Court.

special conditions.

You must also comply with the following additional

If it is determined that there are costs

33 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

associated with any services provided, you shall pay those costs

based on a copayment fee established by the probation office.

You must submit to substance abuse testing to determine

if you have used a prohibited substance.

to obstruct or tamper with the testing methods.

You must not attempt

You must submit your person, property, house,

residence, vehicles, papers, computers, other electronic

communications, or data storage devices, or media, or office to

a physical or electronic search conducted by a United States

Probation Officer.

premises may be subject to searches pursuant to this condition.

The probation officer may conduct a search under this

condition only when reasonable suspicion exists that you have

violated a condition of supervision and that the areas to be

searched contain evidence of this violation.

You must warn any other occupants that the

You must participate in a sex offense specific

assessment.

The Court finds that the Defendant does not have the

ability to pay a fine.

shall pay to the United States a special assessment of $100,

which shall be due immediately.

It is further ordered that the Defendant

Mr. Simpson, do you have any questions about any of

those conditions of supervision?

THE DEFENDANT:

I objected to the drug use one because

it's based off of a simple statement that I have at some point

34 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

in the past tried marijuana.

currently on it because I'm not, nor have I done it for any

significant time.

There is no finding that I'm

So I find that one to be completely --

THE COURT:

Well, I will let the Probation office make

the determination as to whether or not you should have to follow

it.

I want to mention to you, Mr. Simpson, that the reason

for the upward variance on your case is your continued failure

to register.

times you were here.

absconding.

you to be clear that the reason why I made a variance upward is

because of that.

We haven't gotten your attention the last three

Also, when you were out, you were

You have totally no respect for the law.

So I want

Now, I must advise you that it is your right to file a

Notice of Appeal from this sentence within 14 days from today.

Failure to do so within that time period shall be deemed a

waiver of your right to appeal.

THE DEFENDANT:

THE COURT:

I have it today, Your Honor.

Does either party have any objections to

the Court's Findings of Fact and Conclusions of Law, or to the

manner in which this sentence was pronounced?

MR. CHAPMAN:

No, Your Honor.

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

Just the ones I've already stated.

And those objections have been ruled.

Yes.

35 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

THE COURT:

Is there anything else from the Government?

MR. CHAPMAN:

THE COURT:

THE DEFENDANT:

THE COURT:

Release Revocation matter.

The sentence will be imposed as stated.

No, Your Honor.

Mr. Simpson?

Not on this matter.

We will now proceed with the Supervised

- SUPERVISED RELEASE REVOCATION & SENTENCING -

THE COURT:

This is Cause Number 4:10-CR-169.

Mr. Simpson, you agreed to self-represent in this case a while

back.

have been representing yourself in this case since March 6th,

2024.

Mr. Concannon is still appointed as Standby Counsel.

THE DEFENDANT:

THE COURT:

You

Yes.

Do you still want to continue Pro Se, or

would you like to have counsel reappointed to represent you in

this matter?

THE DEFENDANT:

THE COURT:

I'll continue Pro Se.

Okay.

We're here regarding a motion to

revoke your supervised release.

revocation, I'm going to take up the Pro Se motions you filed in

this matter.

THE DEFENDANT:

THE COURT:

Reconsider.

Before I take up that

Okay.

You filed ECF Number 299, a Motion to

You may proceed.

36 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

THE DEFENDANT:

Actually, I didn't have that one in

front of me today.

Basically, the first issue that I had was I saw that

you said there has been a significant amount of case law where

they've told defendants they don't have to address challenges at

revocation.

off a bunch of cases where they have, in fact, raised the kind

of challenges that I've been told I can't raise at this point.

I have these here to enter into the record.

I've yet to find a single case.

I actually printed

So I am actually at a loss for why the Court keeps

telling me that this thing that's been raised in dozens of other

cases can't be raised by me and apparently only me.

THE COURT:

Mr. Chapman?

MR. CHAPMAN:

I believe Mr. Simpson is referring to

what at least the Government and I believe the Court has deemed

trying to collaterally attack his previous conviction.

issue has actually not only been longstanding but it's already

been briefed before this Court.

THE COURT:

MR. CHAPMAN:

That

And ruled.

Yes.

So I would just stand on that,

Your Honor.

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

THE COURT:

It's been procedurally ruled.

Mr. Simpson -Not merits.

-- your motion is denied.

37 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

ECF Number 300, Motion for Dismissal.

(Brief discussion off the record

between Defendant and Standby Counsel.)

You may proceed.

THE DEFENDANT:

this moment, Your Honor.

in shakedowns as an inmate, so I don't always have my own

records.

THE COURT:

I'm unaware of what that motion is at

I'm sorry.

As you can understand, I'm

Mr. Chapman, would you like to respond to

the motion?

MR. CHAPMAN:

Your Honor, for the same reasons that

have already been ruled, the Government would ask that the Court

just remain consistent with its previous ruling and deny it.

THE COURT:

Now ECF Number 308, Motion to Expedite Hearing.

THE DEFENDANT:

THE COURT:

We will proceed with the Supervised Release Revocation

Hearing.

Your motion is denied, Mr. Simpson.

Moot.

Mr. Chapman, you may go forward.

MR. CHAPMAN:

Thank you, Your Honor.

I guess I should first inquire, Your Honor.

know if the Defendant's intention is to admit his violations or

if he wishes to have a hearing.

THE COURT:

THE DEFENDANT:

settled by the trial.

I don't

Mr. Simpson?

I mean the violations are pretty much

I object that I didn't do it, of course,

38 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

but I'm kind of bound by the jury's finding at this stage, as

far as I understand.

THE COURT:

What we need to hear from you is whether

you admit to those violations, or if the Government will have to

prove those violations.

THE DEFENDANT:

THE COURT:

Well, we'll concede them for this sake.

So you will admit to all the violations

contained in the Violation Report?

THE DEFENDANT:

THE COURT:

There was something about the --

You understand them and you are admitting

to them?

THE DEFENDANT:

There was something about inappropriate

contact with a minor which absolutely did not happen.

over these again real quick.

I'll go

Yes, all the technical violations are conceded.

THE COURT:

Mr. Chapman, do we need to go through and

put in the record what each of them are, or is the Government

willing to accept his admission to all of the technical

violations?

It seems like he's objected to at least one of them and

I can't tell which one that is.

THE DEFENDANT:

THE COURT:

THE DEFENDANT:

coworker.

There is one in there --

Is there a number?

They mentioned a text message with a

I'm trying to find the number here involving the

39 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

phone.

On the last page, page 6 of 7, it insinuates that I had

some sort of inappropriate contact with a minor, which did not

occur, simply because it says I was sent a picture of a woman

and her son.

to any insinuation to the contrary.

Nothing inappropriate happened there and I object

THE COURT:

So you're objecting to Special Condition

Number 16, Special Condition Number 17, Special Condition Number

18, and Special Condition Number 25, but you admit to all the

other conditions about --

THE DEFENDANT:

Well, I'm not even going to deny

meeting the minor or anything else but the inappropriate nature

that is being insinuated.

THE COURT:

Mr. Chapman, would you like to put forth

your evidence on that one violation?

MR. CHAPMAN:

Your Honor, I don't believe it's

necessary.

cell phone but in looking at the specific actual conditions --

and Mr. Simpson, feel free to correct me -- I don't believe

there is a dispute about possessing an unauthorized device,

failing to notify probation about that possession within

24 hours, accessing the internet, and accessing pornographic

material.

Some of those interactions were contained on the

So the "insinuation" that the Defendant has an issue

with, I'm fine with striking that as I don't believe that

40 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

actually goes to those conditions.

THE COURT:

Your objection is overruled as to those

conditions, subject to the information that Mr. Chapman is going

to strike.

THE DEFENDANT:

Okay.

As long as that part is

stricken.

THE COURT:

Does either party know of any reason why

this Court should not now proceed with the imposition of

sentence?

MR. CHAPMAN:

THE DEFENDANT:

THE COURT:

No, Your Honor.

No.

Mr. Simpson, would you like to speak about

your sentence?

THE DEFENDANT:

The only issue I have going forward is

again being put back on supervised release.

time I come up here, other people are taken off of it, again,

it's simply untrue that you can't request that at this point.

That really bothers me.

Considering every

I have no problem at this point just going on and being

left alone.

back, after my five years, which is already kind of a harsh

sentence as it is, and be left alone after that.

I have no problem registering.

I just want to go

I do not believe that this five-year revolving door

that you keep doing is legal in any way, shape, or form.

THE COURT:

Mr. Chapman?

41 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

MR. CHAPMAN:

supervision is already imposed.

initial sentence.

the previous revocation proceedings before Judge Sippel, that

was explained to him.

person who would control the revolving door here would be

Mr. Simpson.

Well, Your Honor, the lifetime

It's part of the Defendant's

And in reading through the transcripts of all

All I would say is that, really, the

So I would just argue, Your Honor, that obviously the

term of supervision is already a part of his original sentence.

In regard to what the Defendant is sentenced to, the

Government would request the top of the Guidelines, ten months,

and that that run consecutive to his 2023 Failure to Register

case.

THE DEFENDANT:

The imposition of new papers still has

to be justified.

THE COURT:

Mr. Simpson, you had your opportunity.

The Court finds that the Defendant has violated the

alleged conditions of supervised release and the Court will now

proceed with the imposition of sentence.

Based upon Simpson's ongoing blatant defiance of

federal, state, and local sex offender registration laws,

Simpson's history of violations, the seriousness of the offense,

and his refusal to engage in the basic first step of reporting

as directed for supervised release, it appears Simpson is not

amenable to community supervision at this time.

42 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

After consideration of the statutory limits for the

original offense, the policy statements found in Chapter 7 of

the Sentencing Guidelines, and 18 U.S.C., Section 3553(a)

entitled, Factors to be Considered in Imposing a Sentence,

I believe a sentence of ten months imprisonment, to be followed

by a life term of supervised release, is sufficient but not

greater than necessary to address the sentencing objectives.

This sentence shall run consecutive to the sentence

imposed in U.S. District Court under Docket Number

4:23-CR-00297-1.

conditions of supervised release and the term of supervised

release is hereby revoked.

The Defendant is found to have violated

Pursuant to the Sentencing Reform Act of 1984, it is

the judgment of the Court that the Defendant, Kenneth Robert

Simpson, is hereby committed to the custody of the Bureau of

Prisons to be imprisoned for a term of ten months.

It is further ordered that this sentence shall be

served consecutively to any sentence imposed in U.S. District

Court under Docket Number 4:23-CR-00297-1.

Upon release from imprisonment, the Defendant shall be

placed on supervised release for a term of life.

Within 72 hours of release from the custody of the

Bureau of Prisons, the Defendant shall report in-person to the

probation office in the district to which the Defendant is

released.

43 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

While on supervision, the Defendant shall comply with

the originally-imposed mandatory conditions and standard

conditions that have been adopted by this Court, and shall

comply with the following additional conditions.

determined that there are costs associated with any services

provided, the Defendant shall pay those costs based on a

copayment fee established by the Probation office.

If it is

If required to register, you must comply with the

requirements of the Sex Offender Registration and Notification

Act as directed by the probation officer, the Bureau of Prisons,

or any state sex offender registration agency in which you

reside, work, are a student, or were convicted of a qualifying

offense.

You must reside in a residential reentry center for a

term of not more than 120 days.

regulations of that center.

You must follow the rules and

You must participate in the Location Monitoring Program

for a period of 90 days and shall abide by all technology

requirements.

As determined by the probation officer, you may be

required to maintain a telephone at your place of residence

without any service that would interfere with the operation of

the location monitoring equipment for the above period.

At the discretion of the probation officer, unless

otherwise ordered by the Court, you may be required to wear a

44 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

location monitoring device that may include global positioning

system and/or random tracking.

monitoring procedures specified by the probation office.

You must follow the location

You are restricted to your residence at all times

except for employment, education, religious services, medical,

substance abuse, or mental health treatment, attorney visits,

court appearances, court-ordered obligations, or other

activities, as pre-approved by the probation officer.

You must submit to substance abuse testing to determine

if you've used a prohibited substance.

obstruct or tamper with the testing methods.

You must not attempt to

You must participate in a substance abuse treatment

program and follow the rules and regulations of that program.

The probation officer will supervise your participation in the

program.

You must not use or possess alcohol.

You must participate in a mental health treatment

program and follow the rules and regulations of that program.

The probation officer, in consultation with the treatment

provider, will supervise your participation in the program.

You must participate in a sex offense specific

treatment program and follow the rules and regulations of that

program.

participation in the program.

The probation officer will supervise your

You must submit to periodic psychological testing,

which may include but is not limited to polygraph testing at the

45 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

discretion of the probation officer as a means to ensure that

you are in compliance with the requirements of your supervision

or treatment program.

You must not view or possess any visual depiction,

including any photograph, film, video, picture, or computer, or

computer-generated image or picture, whether made or produced by

electronic, mechanical, or other means, of sexually explicit

conduct.

You must not have direct contact with any child you

know or reasonably should know to be under the age of 18,

including your own children, without the permission of the

probation officer.

child you know or reasonably should know to be under the age

of 18, including your own children, without the permission of

the probation officer, you must report this contact to the

probation officer within 24 hours.

If you do have any direct contact with any

Direct contact includes written communication,

in-person communication, or physical contact.

does not include incidental contact during ordinary daily

activities in public places.

Direct contact

You are prohibited from engaging in any occupation,

business, profession, or volunteer work where you have access to

children under the age of 18 without prior written approval from

the probation office.

You must not go to or remain at any place where you

46 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

know children under the age of 18 are likely to be, including

parks, schools, playgrounds, and child care facilities.

must not go to or remain at a place for the primary purpose of

observing or contacting children under the age of 18.

You

You must not access the internet except for reasons

approved in advance by the probation officer.

possess and/or use computers, or other electronic

communications, or data storage devices, or media, without

approval of the probation office.

You must not

You must not possess or use any audiovisual recording

or producing equipment at any location without the written

approval of the probation office.

must consent to the probation officer or probation service

representative conducting unannounced examinations, including

retrieval and copying of all data related to the equipment.

If approval is given, you

You must advise the probation office of all computer

electronic equipment and web-enabled equipment, including cell

phones, which you possess or have access, within 24 hours of

obtaining same.

You must allow the probation office to install computer

monitoring software on any computer you use.

To ensure

compliance with the computer monitoring condition, you must

allow the probation officer to conduct initial and periodic

unannounced searches of any computers subject to computer

monitoring.

These searches shall be conducted for the purpose

47 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

of determining whether the computer contains any prohibited data

prior to installation of the monitoring software, to determine

whether the monitoring software is functioning effectively after

installation, and to determine whether there have been attempts

to circumvent the monitoring software after its installation.

You must warn any other people who use these computers

that the computers may be subject to searches pursuant to this

condition.

communications, or data storage devices, or media, to a search.

You must warn any of the people who use these computers or

devices that are capable of accessing the internet that the

devices maybe subject to searches pursuant to this condition.

A probation officer may conduct a search pursuant to

You must submit your computers, or other electronic

this condition only when reasonable suspicion exists that there

is a violation of a condition of supervision and that the

computer or device contains evidence of this violation.

search will be conducted at a reasonable time and in a

reasonable manner.

Any

You must submit your person, property, house,

residence, vehicles, papers, computers, other electronic

communications, or data storage devices, or media, or office to

a physical or electronic search conducted by a United States

probation officer.

premises may be subject to searches pursuant to this condition.

The probation officer may conduct a search under this

You must warn any other occupants that the

48 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

condition only when reasonable suspicion exists that you have

violated a condition of supervision and that the areas to be

searched contain evidence of this violation.

You must not purchase or maintain a post office box or

any other type of private mailbox, or any type of storage

locker, unit or facility, without written approval of the

probation office.

Do you have any questions about any of those conditions

of supervision?

THE DEFENDANT:

ones.

They sound largely like the earlier

Is that correct?

THE COURT:

THE DEFENDANT:

They are basically the same.

Okay.

I re-object on the Hayman

grounds.

THE COURT:

I must now advise you that it is your right to file a

Notice of Appeal from this sentence within 14 days from today.

Failure to do so within that time period shall be deemed a

waiver of your right to appeal.

THE DEFENDANT:

THE COURT:

So noted for the record.

I have that here, as well.

Mr. Chapman, is there anything else from

the Government?

MR. CHAPMAN:

No, Your Honor.

THE COURT:

THE DEFENDANT:

Thank you.

Mr. Simpson?

No, not that I can think of.

49 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

THE COURT:

MR. CONCANNON:

THE COURT:

MR. CONCANNON:

That will conclude this hearing.

Judge, just one final thing.

Yes.

As Standby Counsel, he's filing his

Notice of Compliance with Rule 12.07, stating that he will be

filing the Notice of Appeal.

THE COURT:

THE DEFENDANT:

And we have that here, as well.

MR. CONCANNON:

Yes.

THE COURT:

That will be noted for the record, as well.

Thank you.

- RECESS AT 2:15 P.M. -

50 a

4:23-CR-297-1 & 4:10-CR-169-1 Pro Se Motions, Post-Trial Sentencing and Revocation & Sentencing

- REPORTER'S CERTIFICATE -

I, Linda C. Nichols, Registered Diplomate Reporter and

Certified Realtime Reporter, do hereby certify that I am

a duly appointed Official Court Reporter for the United States

District Court, Eastern District of Missouri, and that

the foregoing is a true and accurate reproduction of the

Pro Se Motions, Post-Trial Sentencing and Revocation of

Supervised Release & Sentencing proceedings held on July 22nd,

2024, in the matters of:

UNITED STATES OF AMERICA

vs.

KENNETH ROBERT SIMPSON

Case Numbers

4:23-CR-00297-RLW-1

4:10-CR-00169-RLW-1

I further certify that this transcript consists of

pp. 1-36 inclusive.

Dated:

September 30th, 2024.

\s\ Linda Nichols

Linda Nichols, RDR, CRR

Official Court Reporter

United States District Court

Eastern District of Missouri

51 a

§ 3583. Inclusion of a term of supervised release after imprisonment, 18 USCA § 3583

KeyCite Red Flag

Unconstitutional or PreemptedRecognized as Unconstitutional by United States v. Flores, 5th Cir.(Tex.), Mar. 04, 2025

KeyCite Yellow FlagProposed Legislation

United States Code Annotated

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part II. Criminal Procedure

Chapter 227. Sentences (Refs & Annos)

Subchapter D. Imprisonment (Refs & Annos)

18 U.S.C.A. § 3583

§ 3583. Inclusion of a term of supervised release after imprisonment

Effective: January 5, 2023

Currentness

(a) In general.--The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as

a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment, except

that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release

if such a term is required by statute or if the defendant has been convicted for the first time of a domestic violence crime as

defined in section 3561(b).

(b) Authorized terms of supervised release.--Except as otherwise provided, the authorized terms of supervised release are-(1) for a Class A or Class B felony, not more than five years;

(2) for a Class C or Class D felony, not more than three years; and

(3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year.

term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the

conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)

(4), (a)(5), (a)(6), and (a)(7).

(d) Conditions of supervised release.--The court shall order, as an explicit condition of supervised release, that the defendant

not commit another Federal, State, or local crime during the term of supervision, that the defendant make restitution in

accordance with sections 3663 and 3663A, or any other statute authorizing a sentence of restitution, and that the defendant not

unlawfully possess a controlled substance. The court shall order as an explicit condition of supervised release for a defendant

convicted for the first time of a domestic violence crime as defined in section 3561(b) that the defendant attend a public, private,

or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition

Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of

52 a U.S. Government Works.

§ 3583. Inclusion of a term of supervised release after imprisonment, 18 USCA § 3583

the legal residence of the defendant. The court shall order, as an explicit condition of supervised release for a person required

to register under the Sex Offender Registration and Notification Act, that the person comply with the requirements of that Act.

The court shall order, as an explicit condition of supervised release, that the defendant cooperate in the collection of a DNA

sample from the defendant, if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog

Elimination Act of 2000. The court shall also order, as an explicit condition of supervised release, that the defendant refrain

from any unlawful use of a controlled substance and submit to a drug test within 15 days of release on supervised release and

at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance. The condition stated in

the preceding sentence may be ameliorated or suspended by the court as provided in section 3563(a)(4). The results of a drug

test administered in accordance with the preceding subsection shall be subject to confirmation only if the results are positive,

the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or

there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using

gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States

Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The

court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or

past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines

from the rule of section 3583(g) when considering any action against a defendant who fails a drug test. The court may order,

as a further condition of supervised release, to the extent that such condition-(1) is reasonably related to the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);

(2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553(a)(2)

(B), (a)(2)(C), and (a)(2)(D); and

(3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a);

any condition set forth as a discretionary condition of probation in section 3563(b) and any other condition it considers to

be appropriate, provided, however that a condition set forth in subsection 3563(b)(10) shall be imposed only for a violation

of a condition of supervised release in accordance with section 3583(e)(2) and only when facilities are available. If an alien

defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain

outside the United States, and may order that he be delivered to a duly authorized immigration official for such deportation.

The court may order, as an explicit condition of supervised release for a person who is a felon and required to register under the

Sex Offender Registration and Notification Act, that the person submit his person, and any property, house, residence, vehicle,

papers, computer, other electronic communications or data storage devices or media, and effects to search at any time, with or

without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition

of supervised release or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer's

supervision functions.

(e) Modification of conditions or revocation.--The court may, after considering the factors set forth in section 3553(a)(1), (a)

(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)-(1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year

of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of

probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice;

53 a U.S. Government Works.

§ 3583. Inclusion of a term of supervised release after imprisonment, 18 USCA § 3583

(2) extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify,

reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of

supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of

probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;

(3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised

release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously

served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of

probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised

release, except that a defendant whose term is revoked under this paragraph may not be required to serve on any such

revocation more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more

than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony,

or more than one year in any other case; or

(4) order the defendant to remain at his place of residence during nonworking hours and, if the court so directs, to have

compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed

only as an alternative to incarceration.

(f) Written statement of conditions.--The court shall direct that the probation officer provide the defendant with a written

statement that sets forth all the conditions to which the term of supervised release is subject, and that is sufficiently clear and

specific to serve as a guide for the defendant's conduct and for such supervision as is required.

(g) Mandatory revocation for possession of controlled substance or firearm or for refusal to comply with drug testing.-If the defendant-(1) possesses a controlled substance in violation of the condition set forth in subsection (d);

(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates

a condition of supervised release prohibiting the defendant from possessing a firearm;

(3) refuses to comply with drug testing imposed as a condition of supervised release; or

(4) as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year;

the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed

the maximum term of imprisonment authorized under subsection (e)(3).

(h) Supervised release following revocation.--When a term of supervised release is revoked and the defendant is required to

serve a term of imprisonment, the court may include a requirement that the defendant be placed on a term of supervised release

after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized

by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed

upon revocation of supervised release.

54 a U.S. Government Works.

§ 3583. Inclusion of a term of supervised release after imprisonment, 18 USCA § 3583

(i) Delayed revocation.--The power of the court to revoke a term of supervised release for violation of a condition of supervised

release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further

term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary

for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on

the basis of an allegation of such a violation.

(j) Supervised release terms for terrorism predicates.--Notwithstanding subsection (b), the authorized term of supervised

release for any offense listed in section 2332b(g)(5)(B) is any term of years or life.

(k) Notwithstanding subsection (b), the authorized term of supervised release for any offense under section 1201 involving a

minor victim, and for any offense under section 1591, 1594(c), 2241, 2242, 2243, 2244, 2245, 2250, 2251, 2251A, 2252, 2252A,

2260, 2421, 2422, 2423, or 2425, is any term of years not less than 5, or life. If a defendant required to register under the Sex

Offender Registration and Notification Act commits any criminal offense under chapter 109A, 110, or 117, or section 1201 or

1591, for which imprisonment for a term longer than 1 year can be imposed, the court shall revoke the term of supervised release

and require the defendant to serve a term of imprisonment under subsection (e)(3) without regard to the exception contained

therein. Such term shall be not less than 5 years.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1999; amended Pub.L. 99-570, Title I, § 1006(a)(1) to (3),

Oct. 27, 1986, 100 Stat. 3207-6; Pub.L. 99-646, § 14(a), Nov. 10, 1986, 100 Stat. 3594; Pub.L. 100-182, §§ 8, 9, 12, 25, Dec. 7,

1987, 101 Stat. 1267, 1268, 1272; Pub.L. 100-690, Title VII, §§ 7108, 7303(b), 7305(b), Nov. 18, 1988, 102 Stat. 4418, 4464,

4465; Pub.L. 101-647, Title XXXV, § 3589, Nov. 29, 1990, 104 Stat. 4930; Pub.L. 103-322, Title II, § 20414(c), Title XI, §

110505, Title XXXII, § 320921(c), Sept. 13, 1994, 108 Stat. 1831, 2016, 2130; Pub.L. 105-119, Title I, § 115(a)(8)(B)(iv),

Nov. 26, 1997, 111 Stat. 2466; Pub.L. 106-546, § 7(b), Dec. 19, 2000, 114 Stat. 2734; Pub.L. 107-56, Title VIII, § 812, Oct.

26, 2001, 115 Stat. 382; Pub.L. 107-273, Div. B, Title II, § 2103(b), Title III, § 3007, Nov. 2, 2002, 116 Stat. 1793, 1806;

Pub.L. 108-21, Title I, § 101, Apr. 30, 2003, 117 Stat. 651; Pub.L. 109-164, Title II, § 209(d), formerly Pub.L. 114-22, Title I,

§ 114(d), May 29, 2015, 129 Stat. 242, renumbered § 209(d) of Pub.L. 109-164 by Pub.L. 117-347, Title I, § 106(b)(1), Jan.

5, 2023, 136 Stat. 6204; Pub.L. 109-177, Title II, § 212, Mar. 9, 2006, 120 Stat. 230; Pub.L. 109-248, Title I, § 141(e), Title

II, § 210(b), July 27, 2006, 120 Stat. 603, 615; Pub.L. 110-406, § 14(b), Oct. 13, 2008, 122 Stat. 4294; Pub.L. 114-324, § 2(a),

Dec. 16, 2016, 130 Stat. 1948.)

VALIDITY

<The United States Supreme Court in United States v. Haymond, (U.S. 2019) 139 S. Ct. 2369, 588 U.S. 634, 204 L.Ed.

2d 897, held that as applied, subsection (k) of this section governing revocation of supervised release, authorizing a

new mandatory minimum sentence based on a judge’s fact-finding by a preponderance of the evidence, rather than

beyond a reasonable doubt, violated the Due Process Clause and the Sixth Amendment right to jury trial.>

Notes of Decisions (1310)

18 U.S.C.A. § 3583, 18 USCA § 3583

Current through P.L. 119-73, except P.L. 119-60. Some statute sections may be more current, see credits for details.

55 a U.S. Government Works.

§ 3583. Inclusion of a term of supervised release after imprisonment, 18 USCA § 3583

End of Document

56 a U.S. Government Works.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.