United States v. Spencer, No. 11-3017 (D.C. Cir. 2013)
Annotate this CaseDefendant pled guilty to unlawful possession of a firearm and ammunition by a convicted felony and was sentenced to 37 months imprisonment and 3 years supervised release. On appeal, defendant challenged his sentence of 24 months imprisonment imposed after the second revocation of his supervised release, arguing that his revocation sentences should be aggregated under 18 U.S.C. 3583(e)(3). The court concluded that the 2003 amendment to section 3583(e)(3), adding the phrase "on any such revocation," resulted in the felony class imprisonment terms at the end of section 3583(e)(3) being per-revocation limits, and not aggregate limits. The court further held that upon each revocation of supervised release, a defendant could be sentenced to the felony class imprisonment limits at the end of section 3583(e)(3), without regard to prison time previously served for revocation of supervised release. Accordingly, the court affirmed the sentence.
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