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.
Argued and Submitted July 6, 2009
Filed September 2, 2009
Opinion by Judge Pregerson
Paulette L. Stewart, Assistant United States Attorney, Helena, MT
Eric B. Wolff, Assistant United States Attorney, Helena, MT