Elizabeth S. Riker , Assistant United States Attorney ( Richard S. Hartunian , United States Attorney, on the brief, and Richard R. Southwick , Assistant United States Attorney, of counsel), United States Attorney's Office for the Northern District of New York, Syracuse, NY, for appellee.
Before: MINER, CABRANES, and STRAUB, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
The question presented is whether our holding in United States v. Merced,263 F.3d 34 (2d Cir.2001)—establishing that prior terms of imprisonment for violations of supervised release count toward, and therefore limit, the maximum sentence a district court may impose for a subsequent violation of supervised release under 18 U.S.C. § 3583(e)(3)1—applies to a defendant...
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