U.S. v. Cotton

Defendant’s supervised release was revoked by the district court for using drugs and failing to keep in contact with his probation officer. The government argued that the district court should impose a revocation sentence of five years but the district court imposed a term of two years. The government appealed and the Seventh Circuit vacated the district court’s revocation sentence and remanded for resentencing. The Seventh Circuit explained that under the language of 18 U.S.C.  § 3583(e)(3), the proper term of the revocation sentence was five years. (ST. EVE, concurring and SCUDDER, concurring part and dissenting part)