United States Fourth Circuit

18 U.S.C. section 3583(h) requires a district court, in calculating a defendant's second postrevocation sentence, to subtract the term of imprisonment that was imposed following the first revocation of supervised release from the total amount of supervised release originally authorized by statute for the underlying crime; here, district court's error in not subtracting term imposed following first revocation was plain, affected defendant's substantial rights, and would result in a miscarriage of justice if not corrected.

Appellate Information

• Argued 02/28/2002
• Decided 04/08/2002
• Published 04/08/2002

Judges

• Before WIDENER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Eric David Placke, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant.  Michael Francis Joseph, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.   ON BRIEF:  Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellant.  Benjamin H. White, Jr., United States Attorney, Steven H. Levin, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.