Where Lifetime Supervised Release Authorized, District Court May Impose Any Term Following Revocation

U.S. v. Handley, 2012 WL 1680841 (5/15/12) (Kan.) (Published) - When a defendant is convicted of a violation of 21 U.S.C. § 841(b)(1)(A) and (C) or any other statute allowing for lifetime supervised release, there is no restriction on the length of supervised release a district court may impose following revocation of supervised release. While that could mean a defendant will spend a lot of time in prison throughout his whole life, that's the defendant's fault. If he behaved himself, that wouldn't happen. 18 U.S.C. § 3583(b)(1) limits most terms of supervised release to five years or less, but it says 'except as otherwise provided," and 21 U.S.C. § 841(b)(1) otherwise provides. The 4 years of supervised release imposed in this case was reasonable in light of the defendant's failure to deal with his drug problems, his obvious need for treatment and his multiple violations of conditions.