United States v. Joseph P. Marshall

192 F. App'x 568

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 25, 2006
• Docket: 05-4007
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

After Joseph Paul Marshall admitted violating the conditions of his supervised release, the district court 1 revoked it and sentenced him to 15 months in prison and 2 years of supervised release. On appeal, he argues that this sentence exceeds the legal maximum because he received a 3-year term of supervised release when he was originally sentenced in 1998. We disagree. “For those defendants whose offense of conviction occurred after the 1994 changes [to the supervised release statute], the available supervised release term is not measured by the term initially imposed by the district court, ... but by the term authorized in 18 U.S.C. § 3583(b) for the offense of conviction, minus the aggregate amount of any revocation terms of imprisonment.” United States v. Palmer, 380 F.3d 395, 398-99 (8th Cir.2004) (en banc). Marshall’s instant revocation sentence, added to his earlier revocation prison term of 12 months, does not exceed the 60-month lawful maximum. See 18 U.S.C. § 3583(b)(1) and (h).

Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw.

1 . The Honorable Charles B. Kommann, United States District Judge for the District of South Dakota.