U.S. v. McIntosh

Dist. Ct. did not err in sentencing defendant to 16-month term of incarceration plus 12-month supervised release period even though said order represented second time that defendant had been found to have violated terms of his supervised release. While defendant argued that instant 16-month sentence was improper under Apprendi since instant sentence, coupled with his original 41-month sentence on escape charge and his 14-month sentence imposed at hearing on first violation of supervised release totaled more than 60-month statutory maximum for escape charge, Ct. found that Apprendi did not apply since violation of supervised release is not separate fact creating additional penalty, but rather is part of original sentence. Thus, Dist. Ct. could impose 60-month term of incarceration, plus three-year term of supervised release, which could include additional re-imprisonment for up to two years upon violation of supervised release.