Second Circuit – Supervised release: United State v. Gaye

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United States Court of Appeals for the Second Circuit

Supervised release

Proper calculation – Resentencing

United State v. Gaye

22-251

Judges Park, Nardini, and Nathan

Background: The defendant was twice sentenced for violating conditions of a supervised release. In the first instance, he was sentenced to six months in prison plus four years of supervised release. The second time, he was sentenced to three years in prison plus five years of supervised release. The parties agree that the most recent sentence of supervised release is longer than allowed by statute. However, the parties disagree on remedy.

Ruling: The Second Circuit remanded. The court held that the district court should be afforded the opportunity to exercise its discretion to how much time the defendant should spend in prison and how much time on supervised release as the court is authorized to impose a term of supervised release of no more than the statutory maximum of five years, minus the aggregate amount of prison time imposed for violations of supervised release.

Jeffrey W. Coyle, assistant United States attorney, for the appellee; Lawrence Gerzog for the defendant-appellant.

 Oral argument audio