United States v. Joseph Robert Zoran, 2012 U.S. App. LEXIS 13439

Zoran pled guilty to possessing child pornography and later pled guilty to failure to appear; total sentence: 37 months' imprisonment and two concurrent 3-year terms of supervised release.
First revocation (2009) led to 19 months' imprisonment (18 on pornography, 1 on FTA) and 35 months' supervised release (35 on FTA, 18 on pornography).
Second revocation (2011) led to 24 months' imprisonment (6 on pornography, 18 on FTA) and 18 months' supervised release on the FTA count only.
Zoran appealed arguing (1) 18-month SR exceeds § 3583(h) maximum and (2) district court abused its discretion by imposing maximum SR with imprisonment.
The district court imposed 18 months' SR on the FTA count post-revocation; court considered § 3583(b)(2), § 3583(e)(3), and § 3583(h) in determining the SR term.
The Eighth Circuit vacated the SR portion and remanded to reduce the SR to 17 months.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does § 3583(h) bar any postrevocation SR or cap it at a reduced term?	Zoran (Zoran) argues SR exceeds the statutory maximum.	Zoran asserts the amended § 3583(h) does not permit excess SR.	Amended § 3583(h) applies; SR not barred outright.
How is 'any term of imprisonment' calculated for § 3583(h)?	Aggregation across revocations of same offense yields a larger deduction.	Aggregation limited to same underlying offense; does not aggregate across offenses.	Aggregation across postrevocation terms for the same underlying offense governs; maximum SR is 17 months.

Brings Plenty, 188 F.3d 1051 (8th Cir. 1999) (defines 'any term of imprisonment' for § 3583(h) under pre-2003 version)
Maxwell, 285 F.3d 336 (4th Cir. 2002) (aggregates postrevocation terms for the same underlying offense)
Vera, 542 F.3d 457 (5th Cir. 2008) (recognizes amended § 3583(h) and textual limits on aggregation)
Johnson v. United States, 529 U.S. 694 (2000) (postrevocation penalties attributed to the original conviction)