United States v. Simpson, 546 F.3d 394 (6th Cir. 2008). · Go Syfert
United States v. Simpson, 546 F.3d 394 (6th Cir. 2008). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 16 distinct courts.
Strongest positive: Husband v. Lane (ohsd, 2023-10-04)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Husband v. Lane
S.D. Ohio · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the double jeopardy clause was not intended to inhibit prison discipline.
discussed Cited as authority (rule) Young v. McKenzie
E.D. Ky. · 2025 · confidence medium
See Sindone v. Michigan Dept of Corr., No. 23-1209, 2023 WL 8594065 , at *3 (6th Cir. Sept. 12, 2023) (“Using a prior conviction to determine a prisoner’s classification level or in connection with prison discipline does not constitute a successive criminal punishment.”), cert. denied, 144 S. Ct. 838 (2024); United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008) (“The Double Jeopardy Clause was not intended to inhibit prison discipline,” and “disciplinary changes in prison conditions” are not criminal punishment implicating the Double Jeopardy Clause); Garrity v. Fiedler, 41…
discussed Cited as authority (rule) Barnes 252397 v. Belleau
W.D. Mich. · 2025 · confidence medium
“The Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008) (citations omitted); cf. Wolff v. McDonnell, 418 U.S. 539 , 555–56 (1974) (concluding that “[p]rison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply” (citation omitted)).
discussed Cited as authority (rule) Brockman 189714 v. Bobay
W.D. Mich. · 2025 · confidence medium
Specifically, Plaintiff alleges that with respect to his misconduct charges, he “was being punished twice for the same alleged violation and [he] was being punished three times.” (Compl., ECF No. 1, PageID.7.) However, “[e]very circuit court of appeals to consider” whether the Double Jeopardy Clause applies to prison disciplinary charges “has given the same answer: The Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008); see Turner v. Johnson, 46 F. Supp. 2d 655, 668 (S.D.
cited Cited as authority (rule) Poole v. State of Georgia
S.D. Ga. · 2024 · confidence medium
(See doc. 9, p. 6 (quoting United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008) (citations omitted)).
discussed Cited as authority (rule) Poole v. State of Georgia
S.D. Ga. · 2024 · confidence medium
As the United States Court of Appeals for the Sixth Circuit has recognized: “Every circuit court of appeals to consider this question has given the same answer: The Double Jeopardy Clause was not intended to inhibit prison discipline, and disciplinary changes in prison conditions do not preclude subsequent criminal punishment for the same misconduct.” United Sates v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008) (citations omitted) (citing cases from the Second, Third, Fifth, Seventh, Eighth, and Tenth Circuits).
discussed Cited as authority (rule) Petersmark 766394 v. Burgess
W.D. Mich. · 2024 · confidence medium
“The Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008); see also Odom v. Smith, No. 1:08-cv-1181, 2009 WL 125286 , at *6 (W.D.
discussed Cited as authority (rule) Sims 770573 v. Schimmelpenny
W.D. Mich. · 2024 · confidence medium
“The Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008); see also Wolff v. McDonnell, 418 U.S. 539 , 555–56 (1974) (concluding that “[p]rison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply”).
discussed Cited as authority (rule) SABIR v. WARDEN, FCI LORETTO
W.D. Pa. · 2024 · confidence medium
See United States v. Colon, 246 F. App’x 153, 155 (3d Cir. 2007) (quoting United States v. Newby, 11 F.3d 1143, 1144 (3d Cir. 1993)); see also Porter v. Coughlin, 421 F.3d 141, 149 (2™ Cir. 2005) (as prison disciplinary proceeding is civil in nature, it does not implicate Double Jeopardy concerns); United States v. Simpson, 546 F.3d 394, 398 (6" Cir. 2008) (Double Jeopardy Clause was not intended to inhibit prison discipline).
discussed Cited as authority (rule) People of Michigan v. David Omar Adams
Mich. Ct. App. · 2023 · confidence medium
Such confinement is used to achieve effective administrative management, maximum disciplinary control, and 2 The federal courts are uniform in the conclusion that “[t]he Double Jeopardy Clause was not intended to inhibit prison discipline, and disciplinary changes in prison conditions do not preclude subsequent criminal punishment for the same misconduct.” United States v Simpson, 546 F3d 394, 398 (CA 6, 2008).
cited Cited as authority (rule) McNeal v. McCuiston
W.D. Ky. · 2023 · confidence medium
Regardless, the “Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008).
discussed Cited as authority (rule) Cook 290601 v. Huss
W.D. Mich. · 2023 · confidence medium
“The Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008); see also Wolff v. McDonnell, 418 U.S. 539 , 555–56 (1974) (concluding that “[p]rison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply”).
discussed Cited as authority (rule) Adkins 307529 v. Setzer
W.D. Mich. · 2022 · confidence medium
“The Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008); see also Wolff v. McDonnell, 418 U.S. 539 , 555–56 (1974) (concluding that “[p]rison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply”).
discussed Cited as authority (rule) Oliver 979276 v. Washington
W.D. Mich. · 2022 · confidence medium
Plaintiff’s placement in the MSOP does not violate the Double Jeopardy Clause because the clause “was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008); see also Harper, 2020 WL 4877518 , at *3.
discussed Cited as authority (rule) United States v. Michael Henry
6th Cir. · 2020 · confidence medium
See, e.g., United States v. Washington, 714 F.3d 962, 965 (6th Cir. 2013) (granting a “limited remand” “for the ‘limited purpose’ of recalculating the defendant’s sentence” after re-ordering the defendant’s various § 924(c) convictions and applying the rule of lenity); United States v. Simpson, 546 F.3d 394, 396, 398 (6th Cir. 2008), as amended on denial of reh’g and reh’g en banc (Feb. 25, 2009) (order) (holding the court could not consider arguments raised in defendant’s pro se supplemental brief asserting errors in the indictment and an unconstitutional search because…
cited Cited as authority (rule) Sanders 305405 v. Washington
W.D. Mich. · 2020 · confidence medium
But the Double Jeopardy Clause is inapplicable here because the clause “was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008).
discussed Cited as authority (rule) Robert Woodward v. State of Arkansas
Ark. · 2020 · confidence medium
Indeed, the federal courts of appeal agree that the double jeopardy clause “was not intended to inhibit prison discipline, and disciplinary changes in prison conditions do not preclude subsequent criminal punishment for the same misconduct.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008) (collecting cases); United States v. Bloom, 165 Fed.
discussed Cited as authority (rule) Richardson 373809 v. Thomas
W.D. Mich. · 2019 · confidence medium
“The Double Jeopardy Clause was not intended to inhibit prison discipline.” United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008); see also Odom v. Smith, No. 1:08-cv-1181, 2009 WL 125286 , at *6 (W.D.
discussed Cited as authority (rule) United States v. Dennis King
6th Cir. · 2012 · confidence medium
See, e.g., United States v. Penney, 576 F.3d 297, 317 (6th Cir.2009) (holding that “ § 3553(a) factors do not apply to congressionally mandated sentences”); United States v. Simpson, 546 F.3d 394, 397 (6th Cir.2008) (observing that “a sentencing court must determine an appropriate sentence for the underlying crimes without consideration of the mandatory sentences for firearm offenses”); United States v. Lockett, 359 Fed.Appx. 598, 611 (6th Cir.2009) (recognizing that sentencing courts are “constrained by the mandatory minimums Congress prescribed”); United States v. Wimbley, 553 F…
discussed Cited as authority (rule) United States v. Ezzat (2×) also: Cited "see"
E.D.N.C. · 2011 · confidence medium
United States v. Simpson, 546 F.3d 394, 397-98 (6th Cir.2008) (en banc) (selected internal citations omitted).
discussed Cited as authority (rule) United States v. Franklin (2×)
6th Cir. · 2010 · confidence medium
See also United States v. Penney, 576 F.3d 297, 317 (6th Cir.2009) (holding that “§ 3553(a) factors do not apply to eongressionally mandated sentences”) (quoting Franklin II); United States v. Simpson, 546 F.3d 394, 397 (6th Cir.2008) (“[W]e have held that a sentencing court must determine an appropriate sentence for the underlying crimes without consideration of the mandatory sentences for firearm offenses.”).
discussed Cited "see" Commonwealth of Virginia v. Benjamin Carter
Va. Ct. App. · 2024 · signal: see · confidence high
Marcus v. Hess, 317 U.S. 537, 549 (1943)); see United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008) (collecting cases and holding under Hudson that “[t]he Double Jeopardy Clause was not intended - 10 - (rejecting a double jeopardy challenge where a first charge was dismissed with prejudice on statutory speedy trial grounds because, in part, the second charge was for a crime that did not qualify as “the same offense”).
discussed Cited "see" STATE OF FLORIDA v. FRANKLIN JONES
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008) (agreeing with other circuit courts that the “Double Jeopardy Clause was not intended to inhibit prison discipline, and disciplinary changes in prison conditions do not preclude subsequent criminal punishment for the . same misconduct”); Porter v. Coughlin, 421 F.3d 141, 142, 148-49 (2d Cir. 2005) (holding that a New York regulation that permitted a lengthy period of disciplinary confinement as a.penalty for the appellant’s involvement in rioting and violent conduct while a prison inmate amounted to a civil, not criminal, pe…
cited Cited "see" United States v. Andronico Lopez
6th Cir. · 2015 · signal: see · confidence high
See United States v. Simpson, 546 F.3d 394, 397 (6th Cir.2008).
discussed Cited "see" United States v. Juan Garcia
4th Cir. · 2012 · signal: see · confidence high
Patterson v. United States, 183 F.2d 327, 328 (4th Cir.1950); see United States v. Simpson, 546 F.3d 394, 398 (6th Cir.2008) (en banc) (collecting cases and holding that "[tithe Double Jeopardy Clause was not intended to inhibit prison discipline, and disciplinary changes in prison conditions do not preclude subsequent criminal punishment for the same misconduct"); United States v. Brown, 59 F.3d 102, 103-04 (9th Cir.1995) (same).
discussed Cited "see, e.g." Williams v. Marshall
S.D.W. Va · 2025 · signal: see, e.g. · confidence medium
See, e.g., United States v. Green, 508 F. App’x 206, 207 (4th Cir. 2013) (“The Double Jeopardy Clause was not intended to inhibit prison discipline[.]”) (quoting United States v. Simpson, 546 F.3d 394, 398 (6th Cir. 2008)); Mayweather v. Guice, No. 1:17-cv-100- FDW, 2018 WL 3868806 , at *8 (W.D.N.C.
discussed Cited "see, e.g." STATE OF NEW JERSEY VS. RAQUIL K. CLARK (17-09-0862, CUMBERLAND COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2020 · signal: see, e.g. · confidence medium
See, e.g., United States v. Simpson, 546 F.3d 394, 397-98 (6th A-0324-18T2 14 Cir. 2008) (holding that Double Jeopardy Clause did not bar federal prosecution for escape after the Bureau of Prisons imposed sanctions for the related conduct); Mayes, 158 F.3d at 1224-25 (holding that Double Jeopardy Clause did not bar federal prosecution for riot-related crimes after defendants were sanctioned for related conduct); State v. Baker, 145 A.3d 955, 966 (Conn. App. Ct. 2016) (rejecting double jeopardy argument challenging sentence for possessing a weapon in a correctional institution, where defendant …
discussed Cited "see, e.g." United States v. Frederick Green
4th Cir. · 2013 · signal: see also · confidence medium
Patterson v. United States, 183 F.2d 327, 328 (4th Cir.1950); see also United States v. Simpson, 546 F.3d 394, 398 (6th Cir.2008) (collecting cases and holding: “The Double Jeopardy Clause was not intended to inhibit prison discipline, and disciplinary changes in prison conditions do not preclude subsequent criminal punishment for the same misconduct.”); United States v. Brown, 59 F.3d 102 , 103-04 (9th Cir.1995) (same).
discussed Cited "see, e.g." United States v. Mateo Morales
7th Cir. · 2009 · signal: see, e.g. · confidence low
See, e.g., United States v. Simpson, 546 F.3d 394 , 397‐98 (6th Cir. 2008); Fogle v. Pierson, 435 F.3d 1252 , 1261‐62 (10th Cir. 2006); Meeks v. McBride, 81 F.3d 717, 722 (7th Cir. 1996); Garrity v. Fiedler, 41 F.3d 1150 , 1152‐53 (7th Cir. 1994).
discussed Cited "see, e.g." United States v. Morales
7th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., United States v. Simpson, 546 F.3d 394, 397-98 (6th Cir.2008); Fogle v. Pierson, 435 F.3d 1252, 1261-62 (10th Cir.2006); Meeks v. McBride, 81 F.3d 717, 722 (7th Cir.1996); Garrity v. Fiedler, 41 F.3d 1150, 1152-53 (7th Cir.1994).
discussed Cited "see, e.g." United States v. Morales
7th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., United States v. Simpson, 546 F.3d 394, 397-98 (6th Cir.2008); Fogle v. Pierson, 435 F.3d 1252, 1261-62 (10th Cir.2006); Meeks v. McBride, 81 F.3d 717, 722 (7th Cir.1996); Garrity v. Fiedler, 41 F.3d 1150, 1152-53 (7th Cir.1994).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
George Hubert SIMPSON, Defendant-Appellant
07-5193, 07-5194.
Court of Appeals for the Sixth Circuit.
Nov 4, 2008.
546 F.3d 394
Kennedy, Sutton, McKeague.
Cited by 32 opinions  |  Published

ORDER

In this consolidated appeal, George Hubert Simpson, proceeding through counsel, appeals the district court’s imposition of a 450-month term of imprisonment and the district court’s denial of his motion to dismiss a charge of escape. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

In Case No. 2:02-CR-71, a jury convicted Simpson of conspiracy to distribute methamphetamine, aiding and abetting kidnaping, brandishing a firearm in relation to a drug trafficking crime, and aiding and abetting possession of a firearm in relation to the kidnaping. He was sentenced to a 97-month term of imprisonment for the conspiracy and kidnaping convictions. The district court also imposed consecutive, mandatory minimum sentences of 84 months for brandishing a firearm and 300 months for aiding and abetting possession of a firearm. We affirmed on direct appeal. United States v. Simpson, 116 Fed.Appx. 736 (6th Cir.2004). The Supreme Court remanded for consideration in light of United States v. [*396] Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

While Simpson’s direct appeal was pending, he escaped from a Tennessee jail. As a result, the Bureau of Prisons administratively charged Simpson with escape in violation of 28 C.F.R. § 541.14. After a disciplinary hearing, he was given 60 days of disciplinary segregation, 40 days disallowance of credit for good behavior, and a six-month loss of visitation privileges.

In Case No. 2:03-CR-98, Simpson was indicted for escape in federal court. He filed a motion seeking to dismiss the indictment on the grounds that his federal prosecution was barred by the Double Jeopardy Clause due to the administrative sanctions already imposed. A magistrate judge recommended denying the motion. Over Simpson’s objections, the district court adopted the magistrate judge’s report and denied the motion to dismiss. Simpson agreed to plead guilty to the charge of escape.

The district court held a joint proceeding on January 22, 2007, for resentencing in Case No. 2:02-CR~71 and original sentencing in Case No. 2:03-CR-98. Simpson’s advisory guideline range for the conspiracy and kidnaping offenses was calculated to be 97-121 months of imprisonment, and the 84- and 300-month mandatory minimum consecutive sentences were determined to apply to the two firearm charges. The advisory guideline range for his escape conviction was calculated as 18 to 24 months. The district court resen-tenced Simpson to a below-guidelines sentence of 48 months of imprisonment on the conspiracy and kidnaping convictions, reimposed the mandatory minimum consecutive sentences of 84 and 300 months for the firearm convictions, and imposed a consecutive 18-month sentence on the escape conviction, for a total term of 450 months. Simpson now appeals through counsel, asserting that his sentence is unreasonable and that the district court erred in denying his motion to dismiss the escape indictment for violating the Double Jeopardy Clause. Additionally, Simpson has filed a pro se supplemental brief, asserting error in his original indictment and the unconstitutional nature of a search of his person and his residence prior to his arrest.

In an appeal from a sentencing order, we must determine whether the district court’s determination was both procedurally and substantively reasonable. Gall v. United States, — U.S.-, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). Procedural reasonableness requires that the court “ensure that the district court committed no significant procedural error, such as failing to calculate (or improperly calculating) the guidelines range.” Id. We review the substantive reasonableness of a criminal sentence under an abuse of discretion standard. Id. A sentence may be considered substantively unreasonable when the district court selects a sentence arbitrarily, bases the sentence on impermissible factors, fails to consider pertinent 18 U.S.C. § 3553(a) factors, or gives an unreasonable amount of weight to any pertinent factor. United States v. Webb, 403 F.3d 373, 385 (6th Cir.2005). Additionally, “when a district court considers the relevant 3553(a) factors in-depth and reaches a determination that the appropriate sentence varies outside the advisory guidelines range, we are very reluctant to find the sentence unreasonable.” United States v. Collington, 461 F.3d 805, 811 (6th Cir.2006). Simpson has not alleged procedural error, so we will only consider the substantive reasonableness of his sentence.

Simpson argues that the sentence imposed by the district court was substantively unreasonable in light of his difficult childhood, his vocational and educational[*397] experiences, and the fact that he is not a violent person. Simpson asserts that, considering the 384-month statutory mandatory minimum consecutive sentences for the firearm convictions, reasonable sentences for the conspiracy and kidnaping convictions would be twelve months, and a consecutive term of one day for the escape conviction, resulting in an aggregate sentence of 396 months and one day of imprisonment.

At resentencing, the district court noted that the bulk of Simpson’s sentence would come from the 384-month sentences imposed for the firearm conviction, but those sentences were not within the court’s discretion. In determining the 48-month term of imprisonment for the conspiracy and kidnap convictions, the court found that Simpson had a “hard upbringing,” but that it did not justify his behavior; the nature of his offense was “bothersome” in that a person was abducted for the purpose of collecting a drug debt; and the potential for violence existed. In determining Simpson’s 18-month sentence for escape, the district court found that when Simpson escaped, he endangered the lives of other people who were involved in the pursuit. The court also noted that it was necessary for the sentence to be served consecutively to the other sentences imposed, as a concurrent sentence would not result in punishment.

We cannot conclude that the district court abused its discretion in imposing either the 48- or 18-month sentences. In the case of the conspiracy and kidnap-ing convictions, the district court imposed a sentence half the length of that advised by the sentencing guidelines; in the case of the escape conviction, the district court imposed the shortest sentence within the advisory guideline range. We do not find these sentences unreasonable even in light of the 384-month mandatory minimum sentence imposed for Simpson’s firearm offenses, as we have held that a sentencing court must determine an appropriate sentence for the underlying crimes without consideration of the mandatory sentences for firearm offenses. United States v. Franklin, 499 F.3d 578, 586 (6th Cir.2007). Because the district court did not select the sentence arbitrarily, base it on impermissible factors, fail to consider pertinent 18 U.S.C. § 3553(a) factors, or give an unreasonable amount of weight to any pertinent factor, Simpson’s sentence was reasonable. Webb, 403 F.3d at 385.

Simpson next asserts that his federal prosecution for escape was barred by the Double Jeopardy Clause because the Bureau of Prisons had already imposed administrative penalties for the same conduct. But a person is only “twice put in jeopardy of life or limb,” U.S. Const. Am. XIII, when he is placed at risk of “multiple criminal punishments for the same offense,” Hudson v. United States, 522 U.S. 93, 99, 118 S.Ct. 488, 139 L.Ed.2d 450 (1997); see Herbert v. Billy, 160 F.3d 1131, 1136 (6th Cir.1998). Ordinarily, therefore, only a prior criminal prosecution or a facially punitive statute will allow a defendant to invoke the double jeopardy protection. Hudson, 522 U.S. at 100-01, 118 S.Ct. 488.

In order to determine whether a statute providing for an administrative sanction is facially punitive, we first ask “whether the legislature ... indicated ... a preference for one label or the other”; if the legislature intended to impose a civil sanction, we then ask whether “the statutory scheme is so punitive ... as to transform] what was clearly intended as a civil remedy into a criminal penalty.” Herbert, 160 F.3d at 1136-37 (internal quotation marks omitted) (alteration in original). As to the first inquiry, the regulations authorizing administrative prison sanctions eon-[*398] tain “no express preference” regarding whether sanctions are criminal or civil in nature. United States v. Mayes, 158 F.3d 1215, 1222 (11th Cir.1998); see 28 C.F.R. §§ 541.10-23. Furthermore, they “articulate only a nonpunitive, remedial purpose,” Mayes, 158 F.3d at 1223, which is to ensure “that inmates may live in a safe and orderly environment,” 28 C.F.R. § 541.10(a). And the fact that authority to enforce these rules “is conferred upon [an] administrative agenc[y]” — the Bureau of Prisons — is “prima facie evidence that Congress intended to provide for a civil sanction.” Hudson, 522 U.S. at 103, 118 S.Ct. 488; Mayes, 158 F.3d at 1223. Congress, therefore, intended that administrative prison sanctions be civil in nature.

As to the second inquiry, there is no “elear[ ] proof’ that the regulation, on its face, is punitive in effect. Hudson, 522 U.S. at 101, 118 S.Ct. 488. Every circuit court of appeals to consider this question has given the same answer: The Double Jeopardy Clause was not intended to inhibit prison discipline, and disciplinary changes in prison conditions do not preclude subsequent criminal punishment for the same misconduct. See Porter v. Coughlin, 421 F.3d 141, 145, 148 (2d Cir.2005); Mayes, 158 F.3d at 1224; United States v. Galan, 82 F.3d 639, 640 (5th Cir.1996); Garrity v. Fiedler, 41 F.3d 1150, 1152 (7th Cir.1994); Lucero v. Gunter, 17 F.3d 1347, 1351 (10th Cir.1994); United States v. Newby, 11 F.3d 1143, 1146 (3d Cir.1993); Kerns v. Parratt, 672 F.2d 690, 691-92 (8th Cir.1982).

Finally, we may not consider the issues raised in Simpson’s supplemental brief because he failed to raise them in his original appeal. United States v. McKinley, 227 F.3d 716, 718 (6th Cir.2000). Even absent the procedural bar, we could not consider them because Simpson’s case was remanded for the limited purpose of resentencing in light of Booker, and we lack authority to consider any issues on appeal that are beyond the scope of a limited remand. United States v. Robinson, 503 F.3d 522, 527 (6th Cir.2007), cert. denied, — U.S. -, 128 S.Ct. 1677, 170 L.Ed.2d 375 (2008).

For the foregoing reasons, the judgment of the district court is affirmed.