United States v. Teague, No. 20-3316 (7th Cir. 2021)
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In each of the consolidated appeals, the defendant, having been imprisoned for drug crimes, violated the conditions of his original term of supervision. Each appeared in front of the same judge at a revocation hearing. Acting pursuant to 18 U.S.C. 3583(e), (h), the district court ordered each to be returned to prison and to serve an additional period of supervised release afterward; the court imposed the term of supervised release mandated by statute as part of the original sentence.
The Seventh Circuit vacated. A federal criminal sentence may, and sometimes must, be a period of supervised release to follow the offender's time in prison, 18 U.S.C. 3583(a); statutes often confer discretion on the district court, but there are instances in which they specify the required duration or range. Those rules, however, pertain to the initial sentence. The picture is different for a person who has completed his term of incarceration, has begun serving supervised release, and violates the conditions of his supervised release. If his probation officer moves for revocation of supervised release, a term of supervised release that was mandatory for initial sentencing does not remain a mandatory part of any new sentence after revocation. Revocation operates under different rules.
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