U.S. v. Perry

Dist. Ct. erred in sentencing defendant to five-year term of incarceration, as well as 10-year term of supervised release, after finding that defendant had violated for second time terms of his supervised release on child pornography charge. Remand was required since version of 18 USC section 3583(k) in effect at time defendant committed charged offense authorized maximum incarceration of only two years upon finding of supervised release violation. Defendant, though, will not get credit on instant remanded sentence for three months spent while incarcerated for first violation of supervised release.