513 F.Supp.3d 668
M.D.N.C.2021Background
- Perez pleaded guilty in 2014 to Count One (21 U.S.C. § 841(a)(1) & (b)(1)(D)) and Count Two (21 U.S.C. § 856); sentenced to concurrent 21-month terms and supervised release (5 years for Count One, 3 years for Count Two).
- Two supervised-release violation petitions were filed; after the second, the court revoked Perez’s supervised release in July 2019 and sentenced him to 6 months imprisonment followed by 36 months supervised release on Count One (36 months) and concurrent terms on Count Two.
- Perez appealed; the Fourth Circuit remanded for resentencing in light of United States v. Davis, which held § 841(b)(1)(D) carries a 3-year supervised-release maximum under 18 U.S.C. § 3583.
- On remand the parties agreed the statutory maximum was 36 months; the court asked for briefing on whether § 3583’s caps apply given the “Notwithstanding section 3583 of Title 18” language added to § 841 in 2002.
- The core legal question: when § 841(b)(1)(D) prescribes a minimum supervised-release term but expressly states “notwithstanding section 3583,” does § 3583’s maximum (3 years for Class C/D felonies) still cap supervised release, or can supervised release be life?
- The district court concluded the 2002 amendment and statutory text mean § 3583’s caps do not apply to § 841(b)(1)(D), so the statutory maximum term of supervised release for that offense is life; nevertheless the court found a 36-month term on revocation to be authorized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3583’s supervised-release maximum (3 years for Class C/D) limits § 841(b)(1)(D) despite § 841’s “Notwithstanding section 3583” language | Government: § 3583 controls; maximum is 3 years (relying on Davis, Good, Dawson) | Perez: same as Government in briefing (parties agreed 36 months) | Court: § 3583’s caps do not apply to § 841(b)(1)(D); statutory maximum is life, so reimposition of 36 months on revocation is authorized |
Key Cases Cited
- United States v. Pratt, 239 F.3d 640 (4th Cir. 2001) (held § 841(b)(1)(C) could permit life supervised release; rejected applying § 3583’s three-year cap to § 841(b)(1)(C))
- United States v. Good, 25 F.3d 218 (4th Cir. 1994) (applied § 3583 cap to § 841(b)(1)(B) and treated supervised-release maximum as five years)
- United States v. Dawson, 587 F.3d 640 (4th Cir. 2009) (followed Good in treating § 3583 as limiting supervised-release term under § 841(b)(1)(B))
- United States v. Jackson, 559 F.3d 368 (5th Cir. 2009) (explained 2002 amendment clarified that longer § 841 supervised-release terms can control over § 3583 limits)
- United States v. Turner, 389 F.3d 111 (4th Cir. 2004) (endorsed rule that absence of a specified statutory maximum implies a life maximum for sentencing)