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United States v. Rodriguez

United States Court of Appeals, Second Circuit

December 24, 2014

UNITED STATES OF AMERICA, Appellee,
v.
SAMUEL RODRIGUEZ, Defendant-Appellant

Argued: December 10, 2014.

On Appeal from the United States District Court for the Southern District of New York.

This appeal presents the question of whether 18 U.S.C. § 3583(h), which covers the calculation of the maximum term of supervised release following revocation of a previous term of supervised release, requires that the term be reduced by all prior post-revocation terms of imprisonment imposed on the same underlying offense, or by only the most-recent term of imprisonment.

We hold that, when imposing the maximum term of supervised release following revocation of a previous term of supervised release, 18 U.S.C. § 3583(h) requires that the term be reduced by all post-revocation terms of imprisonment imposed with respect to the same underlying offense, not only by the most-recent term of imprisonment.

Accordingly, we REMAND the cause to the District Court (Paul G. Gardephe, Judge) for the limited purpose of entering a judgment that reduces defendant's term of supervised release by 128 days.

MATTHEW KELLER (Joseph A. Grob, on the brief), Joseph A. Grob, P.C., New York, NY, for Defendant-Appellant.

MICHAEL D. MAIMIN (Brian A. Jacobs, on the brief), Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: CABRANES, WESLEY, and HALL, Circuit Judges.

OPINION

Page 534

José A. Cabranes, Circuit Judge:

This appeal presents the question of whether 18 U.S.C. § 3583(h),[1] which covers the calculation of the maximum term of supervised release following revocation of a previous term of supervised release, requires that the term be reduced by all prior post-revocation terms of imprisonment imposed on the same underlying offense, or by only the most-recent term of imprisonment.

We hold that, when imposing the maximum term of supervised release following revocation of a previous term of supervised release, 18 U.S.C. § 3583(h) requires that the term be reduced by all post-revocation terms of imprisonment imposed with respect to the same underlying offense, not only by the most-recent term of imprisonment.

Accordingly, we REMAND the cause to the District Court for the limited purpose of entering a judgment that reduces defendant's ...


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