Thursday, January 15, 2015

United States v. Hertler, No. 13-30273 (Paez joined by Pregerson and Watford)

--- Under 18 U.S.C. § 3583(h), when a court revokes a term of supervised release, it may impose a term of imprisonment followed by another term of supervised release. But that new term of supervised release cannot be longer than the supervised-release term initially imposed "less any term of imprisonment that was imposed upon revocation of supervised release." This case applies that rule to a supervised-release term imposed for conviction on multiple counts, and holds that the supervised-release term imposed for a particular count following revocation need only be reduced by the terms of imprisonment that have previously been imposed on that count, not for all other counts. This is so even though § 3624(e) essentially requires the court, at the initial sentencing hearing, to impose concurrent terms of supervised release for multiple counts of conviction.

The decision is here:


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