United States v. Hertler

Defendant appealed a postrevocation sentence of twenty months of supervised release, arguing that the new term exceeds the maximum period that can be imposed under 18 U.S.C. 3583(h). Section 3583(h) authorizes a district court to impose a postrevocation term of supervised release up to the statutory maximum, but requires the court to reduce the length of supervised release by "any term of imprisonment that was imposed upon revocation of supervised release." The court held that the text of section 3583(h) and the structure of section 3583 support the government's argument that "any term of imprisonment" means any "terms of imprisonment imposed with respect to the same underlying offense." The court rejected defendant's rule of lenity of argument, concluding that there is no "grievous ambiguity," and no "reasonable doubt persists" regarding the court's construction. Accordingly, the court affirmed the postrevocation sentence. View "United States v. Hertler" on Justia Law