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United States v. Gaye, No. 22-251, 2023 U.S. App. LEXIS 20157 (2d Cir. Aug. 4, 2023)
In 2019, Gaye’s encounters with the law led to a supervised release violation and another six-month prison term, followed by four years of supervised release. In 2021, he once again breached the terms of his supervised release, resulting in a three-year prison sentence and five years of supervised release. However, both parties agreed that the new five-year term exceeded the legal limit. The law, 18 U.S.C. § 3583(h), stipulates that the maximum supervised release term should not exceed the statutory maximum for the original offense, minus any prison time due to violations.
Gaye sought a de novo resentencing, allowing the district court to reconsider both prison and supervised release terms. The government proposed a limited remand, reducing the supervised release term to eighteen months. The court sided with Gaye, opting for a de novo resentencing. This approach empowers the district court to balance prison and supervised release terms within the boundaries of the law.
