Jason M. Moriarty v. United States
SocialSecurity Securities Immigration
When revoking multiple terms of supervised release, may the court run the service in prison on each term consecutively to exceed the maximum authorized for one term?
QUESTION PRESENTED Title 18, Section 3583(e)(8) authorizes the district court to “revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release,” except the court may not require service in prison of more than a specific number of years, depending on the classification of the original offense. For example, if the original offense was a Class C or D felony, the maximum service in prison upon revocation is two years. 18 U.S.C. § 3583(e)(8). Title 18, Section 3624(e) requires that multiple terms of supervised release run concurrently, and is “part of ‘the term of supervised release,” Johnson v. United States, 529 U.S. 694, 705 (2000). The question presented is: When revoking multiple terms of supervised release and requiring a defendant “to serve in prison all or part of the term of supervised release,” may the court run the “serv[ice] in prison” on each term consecutively to achieve an aggregate length of “serv[ice] in prison” that exceeds the maximum authorized for one term? 1