Sentencing — supervised release — revocation

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — supervised release — revocation

18 U.S.C. § 3583(e)(3) does not allow defendants to aggregate prison time served for multiple revocations of supervised release and to credit this time towards the maximum term of imprisonment authorized by the statute.

“We agree with the reasoning of our sister circuits and hold that prior time served for violations of supervised release is not credited towards and so does not limit the statutory maximum that a court may impose for subsequent violations of supervised release pursuant to § 3583(e)(3). As such, Perry’s three months’ time served for a prior violation of his supervised release will not be credited towards or limit the statutory maximum the district court may impose for his most recent violation of supervised release. On remand, the district court may impose up to two-years’ imprisonment for Perry’s latest violation of the terms of his supervised release.”

Vacated and Remanded.

13-2182 U.S. v. Perry

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Bauer, J.