IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-21146
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTHUR RAY LEVERTON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CR-87-ALL
--------------------
August 30, 2001
Before JOLLY, BARKSDALE, AND DEMOSS, Circuit Judges:
PER CURIAM:*
Arthur Ray Leverton appeals the sentence imposed by the
district court following the revocation of his term of supervised
release. Leverton argues that his sentence exceeds the statutory
maximum sentence allowed.
A sentence imposed after the revocation of a term of
supervised release will be upheld unless it is in violation of
the law or is plainly unreasonable. United States v. Gonzalez,
250 F.3d 923, 925 (5th Cir. 2001). Leverton was originally
convicted of being a felon in possession of a firearm and for
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-21146
-2-
making false statements in the acquisition of a firearm in
violation of 18 U.S.C. §§ 922(a)(6) & (g)(1). Under 18 U.S.C.
§ 924(a)(2), these offenses carry a maximum prison term of ten
years, making them class C felonies. See 18 U.S.C. § 3559(a)(3).
A district court may revoke a term of supervised release and
require a defendant to return to prison. 18 U.S.C. § 3583(e)(3).
However, where the offense that resulted in the term of
supervised release is a class C felony, the defendant may not be
required to serve more than two years in prison. Id. The
district court may also impose a term of supervised release to be
served after imprisonment, but only when the term of imprisonment
is less than the maximum term of imprisonment authorized under 18
U.S.C. § 3583(e)(3). 18 U.S.C. § 3583(h).
Here, the district court sentenced Leverton to a two-year
term of imprisonment to be followed by a two-year term of
supervised release. Because Leverton was sentenced to the
maximum term of imprisonment under 18 U.S.C. § 3583(e)(3), the
district court was prohibited by 18 U.S.C. § 3583(h) from
imposing a subsequent term of supervised release. Accordingly,
Leverton’s sentence is vacated and the case is remanded to the
district court for resentencing.
VACATED AND REMANDED FOR RESENTENCING.