United States v. Mark Hertler

Defendant Mark William Hertler appeals a postrevoeation term of supervised release. He argues that the new term of twenty months exceeds the maximum period that can be imposed under 18 U.S.C. § 3588 (h). That subsection authorizes a district court to impose a postrevocation term of supervised release up to the statutory maximum, but requires the court to reduce the length of supervised release by “any term of imprisonment that was imposed upon revocation of supervised release.” Hertler contends that the phrase “any term of imprisonment” in § 3583(h) refers to any term of imprisonment imposed for all offenses following the latest revocation of supervised release. He therefore argues that the district court erred when it construed this clause to refer only to all terms of imprisonment imposed for a single underlying offense. He further argues that, as a result of this error, the district court concluded that he was eligible for up to thirty-two months of additional supervised release when he should have been sentenced to no more than nine.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review de novo the legality of Hertler’s sentence. United States v.…