Supervised Release Sentencing:
v Brown, 10-1410;10-1411 United States
Facts: Mr. Brown pled guilty to armed robbery of a federally insured bank. He was thereafter sentenced to 78 months. Upon release Mr. Brown was placed in a half way house. He subsequently walked away from the half way house. Mr. Brown was subsequently charged with a supervised release violation (armed robbery) and a new criminal charge (escape). Mr. Brown received a sentence of 46 months incarceration, consecutive to the armed robbery, and three years supervised release, concurrent to the armed robbery supervised release, on the escape conviction. In 2009 Mr. Brown once again began supervised release; however, three months later he was again charged with supervision release violations. Mr. Brown pled guilty to two of the violations and was sentenced to: seven (7) months incarceration with no supervised release to follow on the armed robbery; and, eight (8) months incarceration with three years supervised release on the escape.
Issue: Did the trial court improperly calculate the term of Defendant’s supervised release (three (3) years) when sentencing Defendant to eight months incarceration?
Reasoning: 18 U.S.C. § 3583(h) states:
“the length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release.
Per statute, Mr. Brown could not be sentenced to more than 28 months supervised release on the escape term: supervised release authorized by statute for the charge of escape was 36 months, minus the 8 months of incarceration for the violation, leaves a maximum permissible term of supervised release of 28 months.
Sentence vacated and remanded for resentencing.