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United States v. Salazar, 987 F.3d 1248 (10th Cir. Feb. 16, 2021)

Feb 16, 2021

Challenging the revocation of his term of supervised release and reimprisonment of ten months, the defendant argued that the district court imposed an illegal sentence because the combined term of the original sentence and ten additional months exceeded the statutory maximum.  Affirming, the Tenth Circuit held 18 U.S.C. § 3583 authorizes revocation and resulting additional incarceration even when the total term exceeds the maximum possible under the statute.  In doing so, the court rejected the defendant’s argument that Johnson v. United States, 529 U.S. 694 (2000), required aggregation of the imprisonment and reimprisonment.