In U.S. v. Williams, No. 04-15732 (Sept. 19, 2005), the Court (Dubina, Carnes, Marcus) reversed the imposition of a 21-month term of incarceration for a violation of supervised release, because Williams had previously been sentenced to incarceration for previous violation of supervised release, and the 21-month sentence would cause his total time incarcerated to exceed the 2-year aggregate maximum for supervised release violations. In so ruling, the Court accepted the government’s concession that the applicable statute (since revised), 18 U.S.C. § 3583(e)(3), contemplated a two-year statutory cap for the aggregate of all supervised release violations.
The Court rejected other issues on appeal because (a) a notice of appeal was not filed as to a prior first revocation of supervised release, (b) Williams failed to exhaust administrative remedies regarding his claim for additional credit for time served by not first pursuing this issue in a claim before the Bureau of Prisons, and (c) Williams other challenge to his sentence was moot because of the Court’s vacatur of the sentence on the grounds discussed above.