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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