June 29, 2026·6:24-cr-00256-MTK-1·Unpublished·By James Taylor
The Ninth Circuit vacated and remanded a district court judgment that revoked a defendant's supervised release. The court held that the district court erred by failing to reduce the supervised release term by the time already served in imprisonment.
Shaofei Cheng appealed from a district court judgment revoking his supervised release and imposing a thirty-six-month term of supervised release to follow eleven months of imprisonment.
The court’s reasoning
The panel unanimously concluded that the district court erred by failing to reduce the supervised release term by the eleven-month carceral sentence. Under the relevant statute, a term of supervised release shall not exceed the term authorized by statute for the offense, less any term of imprisonment imposed upon revocation.
What it means going forward
The district court must reduce the supervised release term to no more than twenty-five months to comply with statutory limits.
