In U.S. v. Cenna, No. 05-14011 (May 11, 2006), the Court rejected the argument that the imposition of a one-year term of supervised release in addition to the maximum termof one-year’s incarceration under 21 U.S.C. § 844(a), for misdemeanor possession of marihuana and heroin, was illegal, because it violated the statutory maximum.
The Court noted that its caselaw, prior to Johnson v. U.S., 529 U.S. 694 (2000), held that courts can order supervised release in addition to the maximum term of imprisonment available by statute. The Court rejected Cenna’s argument that Johnson changed this result, joining other circuits to have so held.
