Federal 7th Circuit Court
Criminal Court
Supervised Release
Dist. Ct. erred in imposing second term of supervised release in addition to term of incarceration upon revoking defendants’ original term of supervised release, where Dist. Ct. held mistaken belief that second term of supervised release was mandated upon revocation of first term of supervised release. Under 18 USC section 3583(h), Dist. Ct. “may” impose second term of supervised release upon revoking first term of supervised release, but is not mandated to do so. As such, defendants were entitled to remand for reconsideration of their sentences, where section 3583(h) gives Dist. Ct. discretion not to impose second term of supervised release.