Hello everyone,

My fiance was sentenced for illegal reentry after deportation in 2003. He received a 41 month sentence and is scheduled to be released in Feb of 2007. He is a Canadian citizen and had a previous arrest for drug possesion. He served four years (released in 2000) and had a supervisory release for 5 years. Just recently my fiance received a letter from a court in Florida stating that they are requesting that his facility release him into there custody after serving his term there. They claim that because he was arrested before his supervisory release was up that he is in violation of this release and has to serve out the rest of his time. Does anyone know if this is possible? I don't understand how he can be made to serve th rest of this time if in actuality he served that time already while at FT. Dix. I am absolutely devastated. I have been preparing for his release in Feb and now it seems as if this nightmare instead f ending is starting all over again. PLEASE if anyone has any information or advice it will be greatly appreciated. I am really at a lost. Thanks.

He committed his crime and was given the 41 months. That has nothing to do with his previous crime. In the big picture he committed two crimes...the first which gave me in a 41 month sentence...and he ALSO violated his release. View that as a second crime and it'll make more sense. He'll most likely have to serve the time separately.

It sounds like your fiance violated his probation/parole for the drug conviction in Florida. Did the arrest and conviction for illegal re-entry occur during the five year period of supervised release? If so, then he violated and can be made to serve the remainder of the five years in custody. The time he served for the subsequent crime of illegal re-entry does not count in any way towards time for violating his supervised release conditions. Hope this helps explain it.