United States v. Ariel Pantoja
687 F. App'x 350
| 5th Cir. | 2017Background
- Ariel Pantoja was convicted of possession with intent to distribute cocaine (21 U.S.C. § 841(a)(1), (b)(1)(C)) and placed on supervised release.
- His supervised release was revoked three times after positive drug tests; each revocation produced additional imprisonment and a new term of supervised release for the cocaine count.
- After the third revocation, the district court imposed 12 months’ imprisonment and five years’ supervised release on the cocaine count.
- Pantoja argued the five-year term exceeded the statutory maximum: he relied on 18 U.S.C. § 3583(b)(2) (36-month max for Class C felonies) and § 3583(h) (which limits post-revocation supervised release by prior post-revocation imprisonment). He calculated a shorter allowable term based on prior post-revocation custody.
- The Government argued the specific statute for the drug offense, 21 U.S.C. § 841(b)(1)(C), sets a three-year minimum but no maximum for supervised release, and § 841’s longer supervised-release terms apply notwithstanding § 3583.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the five-year supervised-release term exceeded the statutory maximum under § 3583 when the underlying conviction was for a § 841(b)(1)(C) offense | Pantoja: § 3583(b)(2) caps supervised release for a Class C felony at 36 months and § 3583(h) further reduces the post-revocation term by prior post-revocation imprisonment—so five years was unlawful | Government: § 841(b)(1)(C) prescribes the supervised-release terms for the offense and, by its 2002 amendment, applies "notwithstanding" § 3583, allowing longer (including lifetime) terms; thus § 3583 limits do not apply | Court: Affirmed; Jackson controls—§ 841(b)(1)(C)’s supervised-release terms govern and § 3583(b) limits do not apply to § 841(b)(1)(C) offenses |
Key Cases Cited
- United States v. Vera, 542 F.3d 457 (5th Cir. 2008) (sentence exceeding statutory maximum is illegal and reviewed as reversible plain error)
- United States v. Jackson, 559 F.3d 368 (5th Cir. 2009) (§ 841(b)(1)(C) permits longer or lifetime supervised release and applies notwithstanding § 3583)