State of West Virginia v. Rusty Allen White

Summary

The Supreme Court of Appeals of West Virginia affirmed the revocation of Rusty Allen White’s supervised release and his two-year prison sentence. The court held that United States v. Haymond does not apply to revocation under West Virginia Code § 62-12-26 because that statute does not require a mandatory minimum sentence upon revocation. The court also held that the evidence supported the circuit court’s finding, by clear and convincing evidence, that White violated his supervised-release conditions by possessing and using cocaine and conspiring to deliver crack cocaine.

Holdings

1. When reviewing an order modifying or revoking supervised release under West Virginia Code § 62-12-26(h), the court reviews the final order and decision for abuse of discretion, factual findings for clear error, and questions of law and statutory interpretations de novo.
2. United States v. Haymond does not apply to a supervised-release revocation under West Virginia Code § 62-12-26 because the statute does not require a mandatory minimum sentence upon revocation.
3. Apprendi and its progeny do not prohibit aggregate sentences consisting of the original sentence and a supervised-release revocation sentence from exceeding the statutory maximum for the underlying offense.
4. The circuit court did not clearly err in finding by clear and convincing evidence that White conspired to deliver crack cocaine and violated a supervised-release condition.

Questions Presented

1. Whether revocation of supervised release under West Virginia Code § 62-12-26 and imposition of additional imprisonment required a jury finding beyond a reasonable doubt under the Fifth and Sixth Amendments.
2. Whether United States v. Haymond applies to revocation of supervised release under West Virginia Code § 62-12-26.
3. Whether the circuit court clearly erred in finding by clear and convincing evidence that White conspired to deliver crack cocaine in violation of a supervised-release condition.

Disposition

affirmed