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United States v. Glenn

United States Court of Appeals, Second Circuit

March 12, 2014

UNITED STATES OF AMERICA, Appellee,
v.
CHAS GLENN, Defendant-Appellant. [*]

Submitted February 11, 2014.

Appeal from an order of the United States District Court for the District of Connecticut (Hall, C.J.), revoking appellant Chas Glenn's supervised release upon finding, based on Glenn's two Alford pleas entered in state court, that Glenn committed another offense in violation of the conditions of supervised release. We affirm.

JEFFREY C. KESTENBAND, The Kestenband Law Firm, LLC, Glastonbury, CT, for Appellant.

MICHAEL E. RUNOWICZ (Sandra S. Glover, on the brief), for Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, New Haven, CT, for Appellee.

Before: JACOBS, LIVINGSTON, and LYNCH, Circuit Judges.

OPINION

Page 846

Per curiam:

Chas Glenn appeals from an order of the United States District Court for the District of Connecticut (Hall, C.J.), revoking his supervised release. The district

Page 847

court concluded that Glenn committed " another federal, state or local offense" in violation of the conditions of his supervised release, based solely on Glenn's pleas of guilty to state drug offenses entered under the Alford[1] doctrine. Because an Alford plea, under Connecticut law, constitutes an acknowledgment of the strength of the state's evidence, the district court did not abuse its discretion in concluding, by a preponderance of the evidence, that Glenn committed another offense in violation of the conditions of his supervised release.

I

Within four months of his release from federal prison in November 2010, Glenn was arrested twice by New Haven police and charged with various violations of Connecticut law, including possession of a narcotic substance, possession of a narcotic substance with intent to sell, reckless endangerment, and engaging an officer in pursuit. Glenn pled guilty under Alford to two charges of possession of narcotics with intent to sell, and was sentenced to two and one-half years in state prison.

Shortly after his second arrest on these state law charges, Glenn was again arrested, this time by federal authorities, and charged with violating the following mandatory conditions of his supervised release:

o " The defendant shall not commit another federal, state, or local offense" ;

o " The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance, or any paraphernalia related to a controlled substance, except as prescribed by a physician" ; and

o " The defendant shall not frequent places where controlled substances are ...


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