Tannenbaum

MEMORANDUM **

Mark Ira Tannenbaum appeals the imposition of a sixteen-month sentence, fol *403 lowed by a two-year period of supervised release for a probation violation. He argues that the combined term of imprisonment and supervised release erroneously exceeds the limit set forth in 18 U.S.C. § 3583 (h). He also argues that the district court did not adequately consider his medical condition when it denied his request for a downward departure. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

DISCUSSION

1. Length of Sentence and Supervised Release Term

Tannenbaum’s first claim of error is that his overall sentence of imprisonment and supervised release could not exceed three years under 18 U.S.C. § 3583 (h). While this statute limits any period of incarceration and supervised release to the original term of supervised release applicable to the underlying offense, the statute applies only to supervised release revocations. The statute governing probation violations, 18 U.S.C. § 3565 (a)(2), provides that if a defendant violates a condition of probation, the court may “revoke the sentence of probation and resentence the defendant under subchapter A.” This…