United States v. Quinones, 136 F.3d 1293 (11th Cir. 1998). · Go Syfert
United States v. Quinones, 136 F.3d 1293 (11th Cir. 1998). Cases Citing This Book View Copy Cite
“those policy statements . . . say nothing about concurrence or consecutiveness. this silence leaves intact the district court's statutory discretion.”
89 citation events (78 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Roger Campbell, II (ca9, 2019-09-11)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Roger Campbell, II (2×)
9th Cir. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
those policy statements . . . say nothing about concurrence or consecutiveness. this silence leaves intact the district court's statutory discretion.
discussed Cited as authority (rule) United States v. Quentin Cephus (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
Further, we have held that “[w]hether these terms [are] to be con- secutive or concurrent [is] a question that 18 U.S.C. § 3584 entrusts to the court’s discretion.” United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Jason M. Moriarty
11th Cir. · 2023 · confidence medium
Id. at 1295.
discussed Cited as authority (rule) United States v. Louis Michael Pasquazzi (2×) also: Cited "see"
11th Cir. · 2015 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
cited Cited as authority (rule) United States v. Kelvin Smith
11th Cir. · 2014 · confidence medium
See 18 U.S.C. § 3584 (a); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998).
cited Cited as authority (rule) United States v. Ulises Prieto
11th Cir. · 2013 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Kelvin Tremayne White (2×)
11th Cir. · 2012 · confidence medium
Accordingly, we vacate White’s sentences and remand to the district court for resentencing in accordance with United States v. Campbell, 473 F.3d 1345, 1349 (11th Cir.2007), and United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998). 2 Because we conclude that the record is insufficient for appellate review, we do not address the reasonableness of the sentences imposed.
cited Cited as authority (rule) United States v. Martin Montanez-Rincon
11th Cir. · 2011 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Eric D. Kimble
11th Cir. · 2011 · confidence medium
Kimble complains about the decision to impose consecutive sentences, but that decision is one “entrusted] to the [district] court’s discretion.” United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998); see 18 U.S.C. § 3584 (a).
cited Cited as authority (rule) United States v. Terry Wimberly
11th Cir. · 2010 · confidence medium
United States v. Quinones 136 F.3d 1293, 1295 (11th Cir. 1998) (per curiam).
cited Cited as authority (rule) United States v. Hernandez-Casa
11th Cir. · 2010 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Gustavo Venta
11th Cir. · 2010 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Eddie Davis (2×) also: Cited "see"
11th Cir. · 2009 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Morris
10th Cir. · 2009 · confidence medium
See United States v. Dees, 467 F.3d 847, 851-52 (3d Cir.2006); United States v. Deutsch, 403 F.3d 915, 917-18 (7th Cir.2005); United States v. Gonzalez, 250 F.3d 923, 926-29 (5th Cir.2001); United States v. Jackson, 176 F.3d 1175, 1176-79 (9th Cir.1999); United States v. Johnson, 138 F.3d 115, 118-19 (4th Cir.1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998); United States v. Cotroneo, 89 F.3d 510, 512-13 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Morris
10th Cir. · 2009 · confidence medium
We mention these as we would an opinion from another circuit, persuasive because of their reasoned analysis. -20- States v. Deutsch, 403 F.3d 915, 917-18 (7th Cir. 2005); United States v. Gonzalez, 250 F.3d 923, 926-29 (5th Cir. 2001); United States v. Jackson, 176 F.3d 1175, 1176-79 (9th Cir. 1999); United States v. Johnson, 138 F.3d 115 , 118- 19 (4th Cir. 1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir. 1998); United States v. Cotroneo, 89 F.3d 510, 512-13 (8th Cir. 1996).
discussed Cited as authority (rule) United States v. Morris
10th Cir. · 2009 · confidence medium
See United States v. Dees, 467 F.3d 847, 851-52 (3d Cir.2006); United States v. Deutsch, 403 F.3d 915, 917-18 (7th Cir.2005); United States v. Gonzalez, 250 F.3d 923, 926-29 (5th Cir.2001); United States v. Jackson, 176 F.3d 1175, 1176-79 (9th Cir.1999); United States v. Johnson, 138 F.3d 115, 118-19 (4th Cir.1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998); United States v. Cotroneo, 89 F.3d 510, 512-13 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Marcus Bailey (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Dees
3rd Cir. · 2006 · confidence medium
See United States v. Deutsch, 403 F.3d 915, 917-18 (7th Cir.2005) (per curiam); United States v. Gonzalez, 250 F.3d 923, 926-29 (5th Cir.2001); United States v. Jackson, 176 F.3d 1175, 1176-79 (9th Cir.1999) (per curiam); United States v. Johnson, 138 F.3d 115, 118-19 (4th Cir.1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998) (per curiam); United States v. Cotroneo, 89 F.3d 510, 512-13 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Juan Carlos Espinoza (2×) also: Cited "see"
11th Cir. · 2006 · confidence medium
Whether a term of imprisonment imposed for a violation of supervised release is to be served concurrently or consecutively is “a question that [18 U.S.C.] § 3584(a) entrusts to the [district] court’s discretion.” United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
cited Cited as authority (rule) United States v. Robert L. Perkins
11th Cir. · 2006 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Jannice Frank
11th Cir. · 2005 · confidence medium
United States v. Quinones, 136 F.3d 1293, 1294 (11th Cir.1998); see also United States v. Thompson, 976 F.2d 1380, 1381 (11th Cir.1992)(held that a sentence of twenty-four months following the revocation of supervised release was not an abuse of discretion).
discussed Cited as authority (rule) United States v. Francis T. Deutsch (2×)
7th Cir. · 2005 · confidence medium
See United States v. Gonzalez, 250 F.3d 923, 926-27 (5th Cir.2001); United States v. Jackson, 176 F.3d 1175, 1176-79 (9th Cir.1999) (per curiam); United States v. Johnson, 138 F.3d 115, 118-19 (4th Cir.1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998) (per curiam); United States v. Cotroneo, 89 F.3d 510, 512-13 (8th Cir.1996); see also United States v. Rose, 185 F.3d 1108, 1110-11 (10th Cir.1999) (assuming, without deciding, that a district court may impose consecutive terms of imprisonment upon revocation of supervised release). *917 Despite this contrary authority, Deu…
discussed Cited as authority (rule) United States v. Deutsch, Francis T. (2×)
7th Cir. · 2005 · confidence medium
See United States v. Gonzalez, 250 F.3d 923, 926-27 (5th Cir. 2001); United States v. Jackson, 176 F.3d 1175 , 1176- 79 (9th Cir. 1999) (per curiam); United States v. Johnson, 138 F.3d 115, 118-19 (4th Cir. 1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir. 1998) (per curiam); United States v. Cotroneo, 89 F.3d 510, 512-13 (8th Cir. 1996); see also United States v. Rose, 185 F.3d 1108, 1110-11 (10th Cir. 1999) (assum- ing, without deciding, that a district court may impose consecutive terms of imprisonment upon revocation of supervised release).
examined Cited as authority (rule) United States of America v. Modesto Gonzalez (3×) also: Cited "see, e.g."
5th Cir. · 2001 · confidence medium
See United States v. Rose, 185 F.3d 1108, 1110 (10th Cir.1999); United States v. Jackson, 176 F.3d 1175, 1178 (9th Cir.1999); United States v. Johnson, 138 F.3d 115, 118 (4th Cir.1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998); United States v. Cotroneo, 89 F.3d 510, 513 (8th Cir.), cert. denied, 519 U.S. 1018 , 117 S.Ct. 533 , 136 L.Ed.2d 419 (1996).
examined Cited as authority (rule) UNITED STATES OF AMERICA v. MODESTO GONZALEZ (3×) also: Cited "see, e.g."
unknown court · confidence medium
See United States v. Rose, 185 F.3d 1108, 1110 (10th Cir. 1999); United States v. Jackson, 176 F.3d 1175, 1178 (9th Cir. 1999); United States v. Johnson, 138 F.3d 115, 118 (4th Cir. 1998); United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir. 1998); United States v. Cotroneo, 89 F.3d 510, 513 (8th Cir.), cert. denied, 519 U.S. 1018 (1996).
cited Cited "see" United States v. Pedro Antonio Garcia Vasquez
11th Cir. · 2022 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir. 1998).
discussed Cited "see" United States v. Keith R. Cummings (2×)
11th Cir. · 2021 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir. 1998).
discussed Cited "see" United States v. Juan Gutierrez
11th Cir. · 2016 · signal: see · confidence high
Chap. 7; See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir. 1998) (concluding that § 5G1.2 did not limit the district court’s authority to impose consecutive terms of imprisonment upon revocation of supervised release, as the policy statements in Chapter 7 governed revocation sentences).
discussed Cited "see" United States v. Aaron Lamar Hollins (2×)
11th Cir. · 2016 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir. 1998) (holding that § 5G1.2 did not limit the district court’s authority to impose consecutive terms of imprisonment upon revocation of supervised release, since the policy statements in Chapter 7 governed revocation sentences).
cited Cited "see" Willits v. United States
M.D. Fla. · 2016 · signal: see · confidence high
See U.S. v. Quinones, 136 F.3d 1293 , 1295 (11th Cir.1998).
cited Cited "see" United States v. Thomas Barrett Stringer
11th Cir. · 2013 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
cited Cited "see" United States v. Morris Leon Johnson
11th Cir. · 2013 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998).
discussed Cited "see" United States v. Augusto Domingo Monrroy (2×)
11th Cir. · 2013 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293,1294-95 (11th Cir.1998) (holding that 18 U.S.C. § 3584 (a), which permits the court to impose consecutive terms of imprisonment, applies to revocation sentences); see also United States v. Hofierka, 83 F.3d 357, 360-62 (11th Cir.1996) (explaining that the policy statements of Chapter Seven of the Sentencing Guidelines were never intended to be binding).
discussed Cited "see" United States v. Antonio Pena
3rd Cir. · 2012 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir. 1998) (rejecting a similar argument based on § 3D1.1 in the supervised release revocation context).
discussed Cited "see" United States v. Brian Starnes
11th Cir. · 2010 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1294-95 (11th Cir.1998) (“[The defendant] had two such terms [of supervised release], and the district court could therefore revoke both and sentence [him] to a term of imprisonment for each violation.”); see also 18 U.S.C. § 3584 (a).
cited Cited "see" United States v. Agnes Elizabeth Brown
11th Cir. · 2007 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1294 (11th Cir.1998).
cited Cited "see" United States v. John Mark Polke
11th Cir. · 2007 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1294 (11th Cir.1998).
discussed Cited "see" United States v. Ashanti Sweeting
11th Cir. · 2006 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998) (Whether terms of supervised release are to be served concurrently or consecutively is “a question that [18 U.S.C.] § 3584(a) entrusts to the [district] court’s discretion.”).
cited Cited "see" United States v. Venester Fayne
11th Cir. · 2005 · signal: see · confidence high
See United States v. Quinones, 136 F.3d 1293, 1295 (11th Cir.1998).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Thomas John QUINONES, Defendant-Appellant
96-9442.
Court of Appeals for the Eleventh Circuit.
Mar 11, 1998.
136 F.3d 1293
Steven Howard Sadow, Atlanta, GA, for Defendant-Appellant., Richard H. Doane, Jr., U.S. Atty., Beverly S. Mitchell and Sharon Douglas Stokes, Assts. U.S. Attys., Atlanta, GA, for Plaintiff-Appellee.
Cox, Hull, Krayitch, Per Curiam.
Cited by 41 opinions  |  Published
PER CURIAM!:

Appellant Thomas J. Quinones was sentenced to two consecutive 18-month terms of imprisonment following his violation of a condition of two concurrent terms'of supervised release. He appeals, and we affirm.

Background

Quinones was convicted of credit card fraud in the Northern District of Georgia and sentenced to a prison term followed by a term of supervised release. While serving this prison term, he was convicted in the District of South Carolina for another instance of credit card fraud and sentenced to terms of imprisonment and of supervised release that were to run concurrently 'with the terms imposed by the Northern District of Georgia.

While Quinones was serving these concurrent terms of supervised release, Quinones’s probation officer sought to revoke them on several grounds, including Quinones’s commission of the felony of unlawfully entering a motor vehicle. The South Carolina and Georgia cases were consolidated in the Northern District of Georgia. At a revocation hearing there, the court found (based on Quinones’s admission) that Quinones had broken into a car for the purpose of stealing a leather jacket, a Class B violation of supervised-release conditions. See U.S.S.G. § 7B1.1(a)(2). The court revoked the terms and sentenced Quinones to 18 months’ imprisonment for each violation, to be served consecutively.

Quinones appeals, contending that the district court lacked the discretion to sentence him to consecutive terms of imprisonment following the revocation of his concurrent terms of supervised release. We review the district court’s interpretation of sentencing provisions de novo. United States v. Granderson, 969 F.2d 980, 982 (11th Cir.1992).

Discussion

This question is one of first impression in this circuit, but not elsewhere. In United States v. Cotroneo, 89 F.3d 510 (8th Cir.), cert. denied,-U.S.-, 117 S.Ct. 533, 136 L.Ed.2d 419 (1996), the Eighth Circuit resolved this precise issue against the defendant. The court reasoned that 18 U.S.C. § 3584(a), which governs imposition of multiple terms of imprisonment, permits a court to order multiple terms to run consecutively. [1] Section 3584(a) does not exclude from its operation the imposition of imprisonment terms following the revocation of terms of supervised release. The court found, moreover, no statutory or Sentencing Guidelines provision that constricted the discretion that § 3584(a) confers upon the district court in these circumstances. The Eighth Circuit accordingly concluded that consecutive sentences for violation of conditions of two terms of supervised release are permissible.

[*1295] Quinones argues to the contrary that 18 U.S.C. § 3583(e), which governs modification and revocation of terms of supervised release, narrows the district court’s discretion at sentencing following a supervised-release violation. That section provides a laundry list of how a court may modify the conditions or length of a term of supervised release; Quinones posits that the list does not include the power to alter the concurrent or consecutive nature of the term of supervised release. Quinones therefore concludes that the district court could not change the original concurrent nature of his terms of supervised release.

Alternatively, Quinones asserts that by analogy to U.S.S.G. § 5G1.2(d), only concurrent sentences could be imposed in his circumstances. That section provides that sentences imposed on multiple counts of conviction must run concurrently unless a consecutive sentence is necessary to reach the “total punishment” because the highest statutory maximum sentence among the counts is below the “total punishment.” The “total punishment” is determined by Part D of Chapter 3 of the Guidelines, which directs the court to group counts together and determine a single, combined offense level and punishment taking into account all the convictions for which sentence is being imposed. See U.S.S.G. § 3Dl.l(a). Here, Quinones apparently contends, his “total punishment” should have been 18 months because the violations were due to be grouped for sentencing to produce a possible “total punishment” of 12-24 months, from which range the court chose 18 months. Because his “total punishment” was only 18 months, according to Quinones, the court could not have used consecutive sentences to arrive at a total prison term of 36 months.

We reject Quinones’s position and embrace the Eighth Circuit’s. The district court acted within the confines of 18 U.S.C. § 3583(e)(3); it revoked Quinones’s term of supervised release. But Quinones had two such terms, and the district court could therefore revoke both and sentence Quinones to a term of imprisonment for each violation. Whether these terms were to be consecutive or concurrent was a question that § 3584(a) entrusts to the court’s discretion.

We decline, furthermore, to invoke an analogy to initial sentencing under U.S.S.G. § 5G1.2 to restrict the district court’s statutorily provided discretion. Section 5G1.2 does not by its terms apply to imposition of terms of imprisonment upon revocation of supervised release. See U.S.S.G. § 5G1.2 commentary (“This section specifies the procedure for determining the specific sentence to be formally imposed on each count in a multiple-count case.”) And the Guidelines are not silent about revocation; they address it in policy statements. See U.S.S.G. § 7B1.1-.5. Those policy statements, however, say nothing about concurrence or eonsec-utiveness. This silence leaves intact the district court’s statutory discretion.

Conclusion

For the foregoing reasons, the district court’s judgment is affirmed.

AFFIRMED.

1

. Section 3584(a) provides in pertinent part: " If multiple terms of imprisonment are imposed on a defendant at the same time, ... the terms may run concurrently or consecutively.”