United States v. Harold Lee Andreu

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 07-11443 April 30, 2008
THOMAS K. KAHN
CLERK
D. C. Docket No. 89-00228 CR-J-20-TEM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HAROLD LEE ANDREU,
Defendant-Appellant.
Appeal from the United States District Court
for the Middle District of Florida
(April 30, 2008)
Before BIRCH, DUBINA and HILL, Circuit Judges.
PER CURIAM:
Appellant Harold Lee Andreu appeals his 30-month sentence for violation
of his supervised release. He argues that the sentence imposed by the district court
is a general one which is per se illegal. Because no clearly established rule of law
in this circuit or any other circuit in the country holds that a general sentence
cannot be imposed for a violation of supervised release,1 we conclude that the
district court did not commit plain error. Accordingly, we affirm Andreu’s
sentence.
AFFIRMED.
1
We have held that a general sentence imposed on a judgment of conviction is per se illegal.
See United States v. Moriarty, 429 F.3d 1012, 1025 (11th Cir. 2005). However, we have never
extended the holding of Moriarty to a term of imprisonment imposed on a revocation of supervised
release.
2