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232176P.pdf 02/08/2024 United States v. Charles Lester, Jr.
U.S. Court of Appeals Case No: 23-2176
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Gruender,
Circuit Judge]
Criminal case - Sentencing. The 2002 amendment to 18 U.S.C. Sec.
841(b)(1)(A) does not prevent the district court from exercising authority
under 18 U.S.C. Sec. 3583(e)(1) to terminate defendant's supervised
release early; under a plain reading of 841(b)(1)(A), then, in spite of
Sec. 3583, a district court must impose a five-year term of supervised
release; however, section 841(b)(1) does not impact a court's ability
under sec. 3583(e)(1) to later terminate that individual's supervised
release after they have served at least one year; thus, the district court
erred in determining it did not have discretion to consider a request for
early termination; reversed and remanded for further proceedings