[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
September 7, 2007
No. 06-15602 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 97-00332-CR-KMM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO CRUZ,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(September 7, 2007)
Before TJOFLAT, BLACK and HULL, Circuit Judges.
PER CURIAM:
Anotnio Cruz appeals his sentence of 6 months’ imprisonment and 35
months of supervised release imposed by the district court following his third
revocation of supervised release, pursuant to 18 U.S.C. § 3583 (1997). Cruz
asserts the district court erred by sentencing him to additional imprisonment and
supervised release because he already had served the three-year statutory
maximum term of imprisonment under § 3583(e)(3).
We review de novo the legality of a sentence, including a sentence imposed
pursuant to revocation of a term of supervised release. United States v. Mitsven,
452 F.3d 1264, 1265-66 (11th Cir.), cert. denied, 127 S. Ct. 663 (2006). Because
Cruz committed the underlying offense of conviction (a Class B felony) in 1997,
the 1997 version of 18 U.S.C. § 3583 applies. United States v. Williams, 425 F.3d
987, 988 n.1 (11th Cir. 2005).
Section 3583 empowers a sentencing court to include a term of supervised
release as part of a sentence. 18 U.S.C. § 3583(a) (1997). If a defendant violates
the conditions of his supervised release, § 3583(e)(3) permits a district court to:
revoke [the] term of supervised release, and require the defendant to
serve in prison all or part of the term of supervised release authorized
by statute for the offense that resulted in such term of supervised
release without credit for time previously served on postrelease
supervision, if the court . . . finds by a preponderance of the evidence
that the defendant violated a condition of supervised release, except
that a defendant whose term is revoked under this paragraph may not
be required to serve . . . more than 3 years in prison if such offense is
a Class B felony . . . .
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18 U.S.C. § 3583(e)(3) (1997). The three-year statutory maximum in this section
applies to the aggregate of all prison sentences imposed on multiple revocations of
supervised release. Williams, 425 F.3d at 989 (construing the same version of
§ 3583(e)(3)). Thus, although the district court can revoke supervised release any
number of times, it may not impose a sentence of imprisonment following any
revocation that, when added with all previous sentences of imprisonment following
revocation, would exceed the maximum provided under § 3583(e)(3). See id.
Additionally, when the district court revokes a term of supervised release,
and imposes a term of imprisonment that is less than the maximum permitted under
§ 3583(e), the district court may:
include a requirement that the defendant be placed on a term of
supervised release after imprisonment. The length of such a term of
supervised release shall not exceed the term of supervised release
authorized by statute for the offense that resulted in the original term
of supervised release, less any term of imprisonment that was imposed
upon revocation of supervised release.
18 U.S.C. § 3583(h) (1997). For a Class B felony, the statutory maximum term of
supervised release is “not more than five years,” unless otherwise provided. 18
U.S.C. § 3583(b)(1) (1997).
The district court did not err in imposing a term of 6 months’ imprisonment
and 35 months of supervised release following Cruz’s third revocation of
supervised release. The 6-month imprisonment term, when added to Cruz’s
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previous sentences of imprisonment following revocation, does not exceed the 3-
year maximum provided under § 3583(e)(3) for a Class B felony. Additionally, the
35-month supervised release term does not exceed the 5-year maximum provided
under § 3583(b)(1), less “any term of imprisonment . . . imposed [on Cruz] upon
revocation of supervised release.” 18 U.S.C. § 3583(h) (1997). We therefore
affirm the district court’s sentence.
AFFIRMED.
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