United States v. Roberto

MEMORANDUM ** 18 U.S.C. § 3583 imposes “no ‘statutory maximum’ on the aggregate amount of time that a defendant may spend on supervised release as a result of violations of the conditions of release,” United States v. Cade, 236 F.3d 463, 467 (9th Cir.2000), cert. denied, 533 U.S. 937, 121 S.Ct. 2568, 150 L.Ed.2d 732 (2001); nor does it limit “the number of terms of supervised release that a defendant can be ordered to serve,” id. at 466 (emphasis omitted). Without a statutory maximum (in time or terms), the predicate for an Apprendi [467] claim-exceeding the statutory maximum-does not exist. See United States v. Sua, 307 F.3d 1150,1154 (9th Cir.2002). AFFIRMED. Footnotes [**] This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.