United States v. Price, No. 17-2432 (6th Cir. 2018)
Annotate this CasePrice pleaded guilty to bank robbery and was sentenced to 60 months of imprisonment plus three years of supervised release. Price began his first term of supervised release on July 21, 2017. Two urine samples collected the next week tested positive for cocaine. Price admitted the violation. At the recommendation of the probation officer, the court took no action. When Price tested positive for cocaine use on July 28 and August 7, the probation officer recommended revocation. Price admitted using cocaine, pleaded guilty to violating two conditions of his supervised release, and asked that he be allowed to participate in inpatient substance abuse treatment in lieu of incarceration. Ultimately, the district court revoked Price’s supervised release and sentenced him to 24 months of imprisonment plus 12 months of supervised release. Price argued that it was substantively unreasonable to have imposed a term of incarceration rather than ordering residential inpatient substance abuse treatment and that the new term of supervised release was procedurally unreasonable because it exceeded the maximum length permitted by 18 U.S.C. 3583(h). The Sixth Circuit affirmed Price’s custodial sentence but agreed that section 3583(h) must be interpreted to require that the maximum term of supervised release be reduced by the aggregate of all post-revocation terms of imprisonment related to the same underlying offense; under this interpretation, 10 months was the maximum term of supervised release that could follow the 24-month term of imprisonment imposed in this case.
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