United States Third Circuit

Defendant's sentence to reimprisonment, imposed by the district court following a violation of the conditions of his supervised release, is vacated and remanded for resentencing, where: 1) defendant's original 1993 sentence included a single term of supervised release, not three concurrent terms; 2) where, as here, a district court’s sentence includes "a term" of supervised release, the court may not sentence the defendant to multiple terms of reimprisonment and/or supervised release upon a subsequent revocation of supervised release; and 3) the district court therefore committed plain error when it revoked defendant's supervised release and imposed three consecutive terms of imprisonment and three concurrent terms of supervised release.

Appellate Information

• Decided 08/05/2013
• Published 08/05/2013

Judges

• FISHER

Court

• United States Third Circuit

Counsel