Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, September 08, 2015

Cunningham: 3583(h) does not govern incarceration for revocation of supervised release

In U.S. v. Cunnigham, No. 14-14993 (Sept. 2, 2015), the Court rejected the argument that 18 U.S.C. § 3583(h) limited the length of term of incarceration that a district court could impose on a defendant who violated his supervised release. The Court found that § 3583(h) places a cap on post-revocation supervised release so that a defendant is not at risk for an unlimited cycle of imprisonment and supervised release. However, § 3583(e)(3) places a felony class limit (here, two years) on the length of imprisonment a district court can impose on revocation of supervised release. The two provisions apply “harmoniously.”