United States v. Collins, No. 15-3084 (10th Cir. 2017)Annotate this Case
Howard Collins was serving a term of supervised release as part of his sentence for knowingly and intentionally distributing more than five grams of a mixture or substance containing cocaine base (i.e., crack cocaine). His supervised release was revoked after he failed several drug tests. He was reincarcerated and received a new term of supervised release. His supervised release was revoked a second time after he again failed multiple drug tests and failed to participate in a required substance-abuse program. Following his second revocation, the district court sentenced Collins to twelve months’ imprisonment, having determined that the maximum term of imprisonment that it could impose under 18 U.S.C. 3583(e)(3) was one year. The Tenth Circuit disagreed with the district court’s interpretation of section 3583(e)(3), reversed the court’s sentencing order and remanded the case for resentencing.