Judges: No credit time for repeatedly violating supervised release

by Jennifwr Nelson for www.theindianalawyer.com

In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).

The issue arose in United States of America v. Steven J. Perry, 13-2182, in which the District Court in South Bend sentenced Steven Perry to a 5-year term of imprisonment as well as a 10-year term of supervised release in 2013. This was the second time Perry had violated the terms of his supervised release imposed in 2005 based on his 2003 offense. The probation officer mistakenly stated in his report that Perry was subject to the statutory minimum five-year term of imprisonment mandated by the current version of Section 3583(k).

But this was an error, the 7th Circuit held, because Perry was subject to the version of this statute in effect at the time of his initial offense. That version of Section 3583(k) authorized a maximum sentence of only two years; the amended version the probation officer relied on did not take effect until July 27, 2006, and is not retroactive.

Perry argued that this maximum two-year term of imprisonment should be reduced by three months that he served in prison in 2009 for a prior violation of his supervised release. The statute he relies on 18 U.S.C. Section 3583(e)(3) was amended in 2003 to include the phrase “on any such revocation.” Before the amendment was added, the Circuit courts interpreted this statute to allow credit time toward the maximum term of imprisonment authorized by statute. But since that amendment, every appellate court to address this issue has determined that language eliminates the credit time. The 7th Circuit agreed with its fellow Circuit courts.

The judges remanded for the District Court to sentence Perry to no more than two years imprisonment and to determine his conditions of supervision.