United States v. Epstein

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 defen dant whose underlying offense was committed after the enactment of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (“PROTECT Act”), Pub.L. 108-21, § 101,117 Stat. 650, 651 (2003).

De…