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67 Wash. & Lee L. Rev. 353 (2010)
Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenders

handle is hein.journals/waslee67 and id is 355 raw text is: Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenderst Brett M. Shockley* Table of Contents 1. Introduction............................................................ 354 11. A Brief Overview of the Supervised Release Revocation Process.................................................... 361 111. The Supreme Court Speaks on Supervised Release: Johnson v. United States .................................. 364 IV. The Revocation of Supervised Release After Apprendi, Blakely, and Booker................................................... 366 A. Apprendi v. New Jersey.......................................... 366 B. Blakely v. Washington ........................................... 368 C. Blakely in the Supervised Release Context ................... 369 D. The Courts of Appeals Reject the Apprendi Argument....371 V. Reconciling Apprendi and Blakely with Johnson-at the Expense of the Defendant ............................................ 376 A. Revocation is Punishment for the Initial Offense (Sort of, Kind of, Maybe).............................. 376 B. Out of the Frying Pan, into the Double Jeopardy Clause?7........................................................... 378 VI. Problems Specific to the Child Sex Offender Context ............ 382 t This Note received the 2009 Roy L. Steinheimer Award for outstanding student Note. * Candidate for J.D., Washington and Lee University School of Law, May 2010; B.A., University of Maryland, May 2007. 1 would like to thank Professors Erik Luna, Scott Sundby, and Ron Bacigal for their invaluable guidance and insight. I would also like to thank Mike McCarthy, Bridget Tainer-Parkins, and Thad McElroy for keeping me on track throughout the writing process. A final thank you goes to my parents, without whom I would not be where I am today. 353

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