Per Curiam
Leon’s original term of supervised release—arising from a 1994 guilty plea in Minnesota—was 60 months. Supervision—transferred to the Southern District of New York—was scheduled to end on May 1, 2013. Leon was arrested in August 2010 after violating supervision. He pleaded guilty to violating the conditions of his supervised release. The Southern District revoked his original 60-month term of supervised release and sentenced him to time served (one month) plus 59 months of supervised release. Second Circuit affirmed, rejecting Leon’s assertion that sentence was impermissible under Johnson v. United States because his new 59-month supervision term exceeded the end-date of his original 60-month term. Discussing Johnson and Congress’ Sept. 13, 1994, amendment of 18 USC §3583(h), the circuit noted that 18 USC §3583(e)(3) allows a court to sentence a defendant to serve only part of the original term of supervised release in prison and the rest through additional supervised release. The circuit joined the Eleventh and Seventh Circuits in rejecting Leon’s contention that §3583(e)(3) permits a court to deny credit for time already served on supervised release in deciding the length of post-revocation imprisonment.
