Island

United States v. Island

Good Law
336 F. App'x 759
United States Court of Appeals for the Ninth CircuitJuly 14, 2009No. 08-50232California453 words

Opinion

Lead Opinion

MEMORANDUM **

Gregory Island appeals the district court’s dismissal of his motion to reduce his sentence under 18 U.S.C. § 3582 (c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

1. The district court did not err in finding Island ineligible for a reduction in his term of supervised release under 18 U.S.C. § 3582 (c)(2). Section 3582(c)(2) allows the district court to reduce the “term of imprisonment” when the defendant was sentenced based upon a sentencing range which has been subsequently lowered. By its plain language, § 3582(c)(2) does not provide for a reduction in the supervised *761 release portion of the sentence. Islands contention that the language “term of imprisonment” includes the term of supervised release lacks merit. Though the term of supervised release is part of the sentence, it is not part of the “term of imprisonment.” “The term of supervised release commences on the day the person is released from imprisonment ... [and] does not run during any period in which the person is imprisoned.... ” 18 U.S.C. § 3624 (e).

2. Moreover, the district court sentenced Island under 21 U.S.C. § 841 for distributing 81.4 grams of…

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