United States Ninth Circuit

In defendant's appeal from his sentence of twenty-four months imprisonment and twelve months supervised release imposed after the district court revoked defendant's supervised release, the sentence is affirmed where 18 U.S.C. section 3583(e)(3) does not require a district court to reduce the maximum term of imprisonment to be imposed upon revocation by the aggregate length of prior revocation imprisonment terms. However, defendant's term of supervised release is vacated where, under 18 U.S.C. section 3583(h), as amended in 2003, the maximum term of supervised release that can be imposed on a defendant following multiple revocations of his supervised release must be reduced by the aggregate length of any and all terms of imprisonment imposed upon revocation of supervised release.

Appellate Information

• Argued 07/06/2009
• Decided 09/02/2009
• Published 09/02/2009

Judges

• PREGERSON, Circuit Judge:, Before: HARRY PREGERSON, PAMELA ANN RYMER and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven C. Haddon, Haddon Law Office, Helena, MT, for the defendant-appellant (argued and on the briefs)., Paulette L. Stewart, Assistant United States Attorney (argued and on the briefs), William W. Mercer, United States Attorney, and Eric B. Wolff, Assistant United States Attorney (on the briefs), Helena, MT, for the plaintiff-appellee.