In the recent case of United States v. Brown, 10-1410, the Court sided with the Fifth and Ninth Circuits, holding that when a defendant is sentenced on a supervised release violation, that a district court is required to subtract any term of incarceration from any new period of supervised release (that is set at the maximum term). In this case, the defendant was faced with 36 months maximum incarceration based upon an admitted violation of supervised release. The court imposed an 8 month term of incarceration, and a 36 month term of supervised release. On appeal, the defendant argued that the 8 month term needed to be subtracted from the 36 month term. The Court agreed, finding "In our judgment, to conclude that the contested language of section 3583(h) does not mandate subtracting the length of any newly-imposed period of incarceration from a term of supervised release requires a disregard of the plain language of the statute. Even without prior Sixth Circuit precedent on this question of statutory interpretation, neither this court nor the district court is permitted to so ignore the clear import of Congress’s directive." The Court remanded for further proceedings.
Congratulations to AFPD Paul Nelson from Grand Rapids!