United States v. Cunningham, No. 14-14993 (11th Cir. 2015)
Annotate this CaseDefendant, originally sentenced to 30 months' imprisonment for failure to register as a sex offender, was sentenced to 24 months' imprisonment after the third revocation of his supervised release. On appeal, defendant contends that his revocation sentence was illegal because it exceeded the 14 months remaining on his then existing term of supervised release. The court followed its sister circuits and held that upon each revocation of supervised release a defendant may be sentenced to the felony class limits contained within 18 U.S.C. 3583(e)(3) without regard to imprisonment previously served for revocation of supervised release. Accordingly, the court affirmed the judgment.
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