United States v. Roger Lussier, 104 F.3d 32 (2d Cir. 1997). · Go Syfert
United States v. Roger Lussier, 104 F.3d 32 (2d Cir. 1997). Cases Citing This Book View Copy Cite
“section 3583(e) provides the district court with retained authority to revoke, discharge, or modify terms and conditions of supervised release following its initial imposition of a supervised release term in order to account for new or unforeseen circumstances.”
190 citation events (168 in the last 25 years) across 25 distinct courts.
Strongest positive: United States v. Anthony D'Ambrosio (ca3, 2024-06-26) · Strongest negative: United States v. Nielsen (ca10, 2022-08-10)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Nielsen
10th Cir. · 2022 · signal: but cf. · confidence high
But cf. United States v. Grigsby, 737 F. App’x 375 , 378 & n.5 (10th Cir. 2018) (citing United States v. Lussier, 104 F.3d 32, 35 (2d Cir. 1997), for the proposition that the “legality of condition[s] of supervised release may only be challenged on direct appeal or as collateral attack under § 2255”). 12 Appellate Case: 21-8087 Document: 010110722909 Date Filed: 08/10/2022 Page: 13 The rule barring a challenge to a condition of release at the revocation hearing is a specific application of a more general proposition that court orders are to be obeyed.
examined Cited as authority (verbatim quote) United States v. Anthony D'Ambrosio (3×) also: Cited as authority (rule)
3rd Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
the plain language of subsection 3583(e)(2) indicates that illegality of a condition of supervised release is not a proper ground for modification under this provision.
examined Cited as authority (verbatim quote) United States v. Kunz
2d Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
section 3583(e) provides the district court with retained authority to revoke, discharge, or modify terms and conditions of supervised release following its initial imposition of a supervised release term in order to account for new or unforeseen circumstances.
examined Cited as authority (verbatim quote) United States v. Cottom (2×) also: Cited "see"
2d Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
subsection 3583(e)(2) on its face authorizes the court to modify conditions of supervised release only when general punishment goals would be better served by a modification. it does not authorize the court to assess the lawfulness of a condition of release.
examined Cited as authority (verbatim quote) United States v. George McLeod, III (5×) also: Cited as authority (rule), Cited "see"
4th Cir. · 2020 · quote attribution · 2 verbatim quotes · confidence high
the plain language of indicates that the illegality of a condition of supervised release is not a proper ground for modification under this provision . . . . conspicuously absent from the list of relevant conditions is the legality of the condition.
examined Cited as authority (verbatim quote) United States v. Shipley (3×) also: Cited as authority (rule), Cited "see"
S.D. Iowa · 2011 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the plain language of subsection 3583(e)(2) indicates that the illegality of a condition of supervised release is not a proper ground for modification under this provision.
discussed Cited as authority (verbatim quote) United States v. Bernard Gross (2×) also: Cited as authority (rule)
9th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
the plain language of subsection 3583(e)(2) indicates that'the illegality of a condition of supervised release is not a proper ground for modification under this provision
discussed Cited as authority (rule) United States v. A. Eddy Zai
6th Cir. · 2024 · confidence medium
At bottom, modification or early termination of supervised release is a “discretionary decision” warranted only where the movant “shows changed circumstances - such as exceptionally good behavior.” United States v. Atkin, 38 F. App’x 196, 198 (6th Cir. 2002) (citing United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997)).
discussed Cited as authority (rule) United States v. Thomas
10th Cir. · 2023 · confidence medium
See Begay, 631 F.3d at 1172–73 (recognizing case law holding that “a district court does not have the authority to modify conditions of supervised release based on an argument that a particular condition is unlawful, because lawfulness is not one of the § 3553(a) factors listed in 18 U.S.C. § 3583 (e)”; instead, “any challenge to the legality of a condition of supervised release must be raised on direct appeal or in a habeas petition” (citing United States v. Lussier, 104 F.3d 32, 34 (2d Cir. 1997)); see also United States v. Morris, 37 F.4th 971 , 976 (4th Cir. 2022) (observing th…
discussed Cited as authority (rule) Engelmeyer v. United States
W.D. Okla. · 2022 · confidence medium
To obtain a certificate of appealability, defendant must show “that jurists of reason would find it debatable whether the [motion] states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the 2 The court notes that in United States v. Lussier, 104 F.3d 32, 35 (2d Cir. 1997), the Second Circuit determined that any challenge to the legality of a condition of supervised release must be raised on direct appeal or in a § 2255 motion. 3 As stated by the court in its November 7th order, defendant’s § 2255 motion did not show that th…
discussed Cited as authority (rule) United States v. Freddy Ponce (2×) also: Cited "see"
9th Cir. · 2022 · confidence medium
Smith incorrectly attributed to the Second Circuit’s decision in United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997), the proposition that early termination is “reserved for rare cases of ‘exceptionally good behavior.’” 219 F. App’x at 668 (quoting Lussier, 104 F.3d at 36 ).
discussed Cited as authority (rule) United States v. Cory Melvin
3rd Cir. · 2020 · confidence medium
Our opinion in Laine stated, in reliance on the Second Circuit’s decision in United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997), that “early termination of supervised release under section 3583(e) should [generally] occur only when the sentencing judge is satisfied that something exceptional or extraordinary warrants it[.]” Laine, 404 F. App’x at 573–74.
discussed Cited as authority (rule) United States v. Villafane-Lozada (2×) also: Cited "see"
2d Cir. · 2020 · confidence medium
As “the illegality of a condition of supervised release is not a proper ground for modification under” 18 U.S.C. § 3583 (e)(2), United States v. Lussier, 104 F.3d 32, 34 (2d Cir. 1997); see also United States v. Myers, 426 F.3d 117, 123 (2d Cir. 2005) (Sotomayor, J.), Villafane-Lozada has a legitimate interest in having this issue resolved now. 2 Otherwise, he would have fewer procedural avenues through which to raise his concerns once his term of supervision begins.
cited Cited as authority (rule) United States v. Browder
2d Cir. · 2020 · confidence medium
See United States v. Warren, 335 F.3d 76, 78 (2d Cir. 2003); United States v. Lussier, 104 F.3d 32, 35 (2d Cir. 1997); United States v. Lopez, 771 F. App’x 109 , 110–11 (2d Cir. 2019).
discussed Cited as authority (rule) United States v. Raymond
D.D.C. · 2019 · signal: cf. · confidence medium
Gov’t’s Opp’n to Def.’s Request for Early Termination of Supervised Release (Opp’n) [Dkt. 38] at 3; cf. United States v. Etheridge, 999 F. Supp. 2d 192, 196 (D.D.C. 2013) (citing United States v. Lussier, 104 F.3d 32, 33 (2nd Cir. 1997)).
cited Cited as authority (rule) United States v. Murdock
D.D.C. · 2017 · confidence medium
Cir. 2015) (quoting United States v. Lussier, 104 F.3d 32, 32 (2d Cir. 1996)). ln support of her motion, l\/lr.
discussed Cited as authority (rule) United States v. Harris
D.D.C. · 2017 · confidence medium
Circuit approved its proffered standard in Mathis-Gardner, 783 F.3d at 1289-90 , by quoting approvingly language in United States v. Lussier, 104 F.3d 32, 32 (2d Cir. 1996), regarding the "high burden” of " '[o]ccasionally, changed circumstances — for instance, exceptionally good behavior by the defendant' ” during supervision to warrant relief under § 3583(e)(1).
discussed Cited as authority (rule) United States v. Parisi (2×) also: Cited "see"
2d Cir. · 2016 · confidence medium
Parisi contends that the modification was improper because there are no new or changed circumstances relating directly to his case that warrant the imposition of these conditions. 2 However, even though new or changed circumstances may justify a modification, see United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997), they are not a prerequisite to a district court’s decision to modify the conditions of release.
discussed Cited as authority (rule) United States v. Parisi (2×) also: Cited "see"
2d Cir. · 2016 · confidence medium
However, even though new • or changed circumstances may justify .a modification, see United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997), they are not a prerequisite to a district court’s decision to modify the conditions.of release.
discussed Cited as authority (rule) United States v. Tyree Neal, Sr.
7th Cir. · 2016 · confidence medium
In United States v. Lussier, 104 F.3d 32, 34 (2d Cir.1997), the Second Circuit held that a defendant whose conviction and sentence were already final could not use § 3583(e)(2) to challenge anew the legality of the restitution term of his original sentence.
discussed Cited as authority (rule) United States v. Darlene Mathis-Gardner
D.C. Cir. · 2015 · confidence medium
In United States v. Lussier, 104 F.3d 32, 32 (2d Cir.1996), the Second Circuit explained that “[o]ccasionally, changed circumstances — for instance, exceptionally good behavior by the defendant or a downward turn in the defendant’s ability to pay a fine or restitution imposed as conditions of release — will render a previously imposed term or condition of release either too harsh or inappropriately tailored to serve the general punishment goals of section 3553(a).” Here, Mathis-Gardner advanced a substantial argument that her post-sentencing conduct met this high burden — an assess…
cited Cited as authority (rule) United States v. Rusin
S.D.N.Y. · 2015 · confidence medium
“Rather, the defendant must show that there is a ‘new or unforeseen circumstance,’ such as exceptionally good behavior.” Id. (citing United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997)).
cited Cited as authority (rule) United States v. Bouchareb
S.D.N.Y. · 2014 · confidence medium
United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997); see also United States v. Rasco, No. 88 Cr. 817, 2000 WL 45438 , at *2 (S.D.N.Y.
cited Cited as authority (rule) United States v. Olivieri
S.D.N.Y. · 2014 · confidence medium
United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997); see also United States v. Rasco, No. 88 Cr. 817, 2000 WL 45438 , at *2 (S.D.N.Y.
discussed Cited as authority (rule) Shakur v. United States (2×)
S.D.N.Y. · 2014 · confidence medium
United States v. Lussier, 104 F.3d 32, 37 (2d Cir.1997).
examined Cited as authority (rule) United States v. Dennis Emmett (4×)
9th Cir. · 2014 · confidence medium
United States v. Miller, 205 F.3d 1098, 1101 (9th Cir. 2000) (quoting United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997)); United States v. Bauer, No. 5:09-cr-00980, 2012 WL 1259251 , at *2 (N.D.
discussed Cited as authority (rule) United States v. Etheridge (2×)
D.D.C. · 2013 · confidence medium
Before making any modification to the defendant’s supervised release, a court must consider many of the statutory factors as enumerated in 18 U.S.C § 3553(a), covering the same “general punishment issues” that the court would consider when imposing an initial sentence, “such as deterrence, public safety, rehabilitation, proportionality, and consistency, when it decides to modify, reduce, or enlarge the term or conditions of supervised release.” United States v. Lussier, 104 F.3d 32, 35 (2d Cir.1997) (citing 18 U.S.C. § 3583 (e)). 1 *195 The Court is required to consider all the sta…
cited Cited as authority (rule) United States v. Vilar
2d Cir. · 2013 · confidence medium
United States v. Lussier, 104 F.3d 32, 33 (2d Cir.1997).
discussed Cited as authority (rule) State v. Torres
N.M. Ct. App. · 2012 · confidence medium
United States v. Lussier, 104 F.3d 32, 37 (2d Cir. 1997). {23} Sixteen months after Congress repealed Rule 35(a) and curtailed federal district court jurisdiction over illegal sentences, New Mexico followed suit.
cited Cited as authority (rule) United States v. Brian Lee Nestor
3rd Cir. · 2012 · confidence medium
See United States v. Pultrone, 241 F.3d 306, 307-08 (3d Cir.2001); United States v. Lussier, 104 F.3d 32, 36-37 (2d Cir.1997).
discussed Cited as authority (rule) State v. Torres
N.M. Ct. App. · 2012 · confidence medium
United States v. Lussier, 104 F.3d 32, 37 (2d Cir. 1997). {23} Sixteen months after Congress repealed Rule 35(a) and curtailed federal district court jurisdiction over illegal sentences, New Mexico followed suit.
discussed Cited as authority (rule) United States v. Quinzon
9th Cir. · 2011 · confidence medium
See 18 U.S.C. § 3583 (e)(2); Fed.R.Crim.P. 32.1(c) & advisory committee’s note to 1979 Addition (acknowledging “conditions should be subject to modification, for the sentencing court must be able to respond to changes in the probationer’s circumstances as well as new ideas and methods of rehabilitation”); United States v. Gross, 307 F.3d 1043, 1044 (9th Cir.2002) (noting that § 3583(e) allows “a sentencing court ... to respond to changes in the defendant’s circumstances that may render a previously imposed condition of release either too harsh or inappropriately tailored”); Uni…
discussed Cited as authority (rule) United States v. Begay
10th Cir. · 2011 · confidence medium
We agree with the Davies court, and hold that 18 U.S.C. § 3583 (e)(2) does not require a district court to find changed circumstances in order to modify conditions of supervised release. 3 The Second Circuit’s statement in United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997), that “[sjection 3583(e) provides the district court with retained authority to revoke, discharge, or modify terms and conditions of supervised release following its initial imposition of a supervised release term in order to account for new or unforeseen circumstances” does not convince us otherwise.
cited Cited as authority (rule) Folks v. United States
M.D.N.C. · 2010 · confidence medium
United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997).
discussed Cited as authority (rule) United States v. Orozco
2d Cir. · 2010 · confidence medium
While a district judge may not modify a sentence because it could not have legally been imposed, see United States v. Lussier, 104 F.3d 32, 35 (2d Cir.1997), he does retain the power to modify conditions of supervised release at any time to eliminate ambiguity and to adjust them to changed conditions.
discussed Cited as authority (rule) United States v. Harris (2×)
S.D.N.Y. · 2010 · confidence medium
When a defendant petitions a district court for early termination of supervised release, § 3583(e) commands the court to first consider “the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7).” These factors address “general punishment issues such as deterrence, public safety, rehabilitation, proportionality, and consistency.” United States v. Lussier, 104 F.3d 32, 35 (2d Cir.1997). 3 After the district court considers those factors, it is authorized by § 3583(e)(1) to terminate a term of supervised release if satisfied that �…
discussed Cited as authority (rule) John Burkey v. Helen Marberry
3rd Cir. · 2009 · confidence medium
See generally Gozlon-Peretz v. United States, 498 U.S. 395, 400-01 (1991) (under Sentencing Reform Act sentencing court oversees “post[-]confinement monitoring” and may “terminate, extend, or alter the conditions of the term of supervised release prior to its expiration” pursuant to § 3583(e)); United States v. Lussier, 104 F.3d 32, 34-35 (2d Cir. 1997) (under § 3583(e) sentencing court retains authority to revoke, discharge, or modify terms and conditions of supervised release following its initial imposition of supervised release term). 8 The District Court dismissed Burkey’s hab…
discussed Cited as authority (rule) Burkey v. Marberry
3rd Cir. · 2009 · confidence medium
See generally Gozlon-Peretz v. United States, 498 U.S. 395, 400-01 , 111 S.Ct. 840 , 112 L.Ed.2d 919 (1991) (under Sentencing Reform Act sentencing court oversees “post[-]confinement monitoring” and may "terminate, extend, or alter the conditions of the term of supervised release prior to its expiration” pursuant to § 3583(e)); United States v. Lussier, 104 F.3d 32, 34-35 (2d Cir.1997) (under § 3583(e) sentencing court retains authority to revoke, discharge, or modify terms and conditions of supervised release following its initial imposition of supervised release term). 4 .
discussed Cited as authority (rule) United States v. Rentas
S.D.N.Y. · 2008 · confidence medium
“Occasionally, changed circumstances — for instance, exceptionally good behavior by the defendant or a downward turn in the defendant’s ability to pay a fíne or restitution imposed as conditions of release — will render a previously imposed term or condition of release either too harsh or inappropriately tailored to serve the general punishment goals of section 3553(a).” United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997).
discussed Cited as authority (rule) United States v. Collotta
S.D.N.Y. · 2008 · confidence medium
The conditions of probation may be modified pursuant to 18 U.S.C. § 3563 (c) upon a sufficient showing of the supporting conditions that prevailed at the time probation was initially imposed, and ordinarily may be warranted only “to account for new or unforeseen circumstances.” United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997).
discussed Cited as authority (rule) United States v. Roberts (2×)
3rd Cir. · 2007 · confidence medium
See United States v. Gross, 307 F.3d 1043, 1044 (9th Cir. 2002) (facial challenge to condition of release on grounds of illegality could not be considered under § 3583); United States v. Hatten, 167 F.3d 884, 886 (5th Cir. 1999) (same); United States v. Lussier, 104 F.3d 32, 36 (2d Cir. 1997) (court did not have jurisdiction under § 3583 to rescind restitution order on the grounds that the order is illegal on its face); see also United States v. Smith, 445 F.3d 713, 717 (3d Cir. 2006) (cited by District Court because it cites Lussier); United States v. Alevras, 114 Fed.
cited Cited as authority (rule) United States v. Grimaldi
D. Conn. · 2007 · confidence medium
United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997).
cited Cited as authority (rule) United States v. Mandel, David
7th Cir. · 2006 · confidence medium
See United States v. Hatten, 167 F.3d 884, 887 (5th Cir.1999); United States v. Lussier, 104 F.3d 32, 34 (2d Cir.1997).
discussed Cited as authority (rule) United States v. El-Silimy
D. Me. · 2006 · confidence medium
United States v. Gross, 307 F.3d 1043, 1044 (9th Cir.2002) (“Because [the defendant] did not contend that modification would be supported by any of the § 3553(a) factors, the motion for modifica *80 tion was properly denied.”); United States v. Hatten, 167 F.3d 884, 886 (5th Cir.1999); United States v. Lussier, 104 F.3d 32, 34-35 (2d Cir.1997).
discussed Cited as authority (rule) United States v. Raymer, Larry P.
7th Cir. · 2005 · confidence medium
See United States v. Nonahal, 338 F.3d 668 , 671 & n. 1 (7th Cir.2003); United States v. Gross, 307 F.3d 1043, 1044 (9th Cir.2002); United States v. Hatten, 167 F.3d 884, 886 (5th Cir.1999); United States v. Lussier, 104 F.3d 32, 34-36 (2d Cir.1997); United States v. Kress, 944 F.2d 155 , 158 n. 4 (3d Cir.1991).
discussed Cited as authority (rule) United States v. Weintraub
D. Conn. · 2005 · confidence medium
“Subsection 3583(e)(2), in sum, requires the court to consider general punishment issues such as deterrence, public safety, rehabilitation, proportionality, and consistency, when it decides to modify, reduce, or enlarge the term or conditions of supervised release.” United States v. Lussier, 104 F.3d 32, 35 (2d Cir.1997).
discussed Cited as authority (rule) United States v. Silvio Spallone
2d Cir. · 2005 · confidence medium
Because restitution was made a special condition of Spallone’s supervised release, we assume here, as we did in United States v. Lussier, that § 3583(e)(2) would have authorized the district court “to make some modifications” of this condition, at least with respect to the schedule on which Spallone paid restitution. 104 F.3d 32, 34 (2d Cir.1997); see also 18 U.S.C. § 3664 (k).
discussed Cited as authority (rule) United States v. McKay (2×) also: Cited "see"
E.D.N.Y · 2005 · confidence medium
See 18 U.S.C. § 3583 (e)(1); Lussier, 104 F.3d at 36 (the court must consider certain factors in section 3553(a) before ordering early termination of a term of supervised release).
discussed Cited as authority (rule) United States v. Alevras (2×) also: Cited "see"
3rd Cir. · 2004 · confidence medium
See United States v. Hatten, 167 F.3d 884, 886 (5th Cir.1999); United States v. Lussier, 104 F.3d 32, 36-37 (2d Cir.1997).
discussed Cited as authority (rule) United States v. Stephen A. Balon
2d Cir. · 2004 · confidence medium
We have previously stated that Section 3583(e) allows modification of conditions of supervised release “to account for new or unforeseen circumstances,” United States v. Lussier, 104 F.3d 32, 36 (2d Cir.1997), and we now hold that changing computer technology is an appropriate factor to authorize a modification of supervised release conditions under Section 3583(e). 4 We therefore dismiss this portion of the appeal but instruct the district court to reconsider, at the instance of the government or Balón and in .light of Lifshitz , the special conditions regarding monitoring of Balon’s c…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Roger LUSSIER, Defendant-Appellant
354, Docket 96-1110.
Court of Appeals for the Second Circuit.
Jan 9, 1997.
104 F.3d 32
John L. Pacht, Burlington, VT (Robert W. Katims, Hoff, Curtis, Pacht, Cassidy & Frame, Burlington, VT, on the brief), for defendant-appellant., David V. Kirby, Acting U.S. Atty. (Paul J. Van de Graaf, James J. Gelber, Asst. U.S. Attys., Burlington, VT, on the brief), for ap-pellee.
McLAUGHLIN, Newman.
Cited by 114 opinions  |  Published
JON O. NEWMAN, Chief Judge:

This appeal concerns the relationship between a district court’s authority to vacate an illegal sentence and its authority to modify the terms of supervised release. The precise issue is whether one component of a sentence — restitution—that was not challenged either on direct review or under 28 U.S.C. § 2255, may nonetheless be modified because restitution was made a condition of supervised release and supervised release may be modified pursuant to 18 U.S.C. § 3583(e)(2). This issue arises on an appeal by Roger Lussier from the February 8, 1996, order of the District Court for the District of Vermont (Franklin S. Billings, Jr., Judge), dismissing for lack of jurisdiction Lussier’s motion under subsection 3583(e)(2) to amend a previously imposed order of restitution on the ground that the order violated the principle of Hughey v. United States, 495 U.S. 411, 110 S.Ct. 1979, 109 L.Ed.2d 408 (1990), restricting the amount of restitution to the victim’s loss directly traceable to the offense underlying a count of conviction. We agree with the District Court that it lacked authority to entertain Lussier’s challenge to the legality of the restitution order under subsection 3583(e)(2).

Background

Lussier was the former president and chairman of the board of Lydonville Savings Bank (“LSB”). During the late 1980s and early 1990s, he engaged in a pattern of fraud and deceit relating to his control of LSB. In December 1993, Lussier was convicted on seventeen counts of various banking crimes in connection with his exercise of bank power to further his personal financial interests. He was sentenced to forty-six months’ imprisonment followed by two years of supervised release, and ordered to pay a $100,000 fine and $426,204.67 in .restitution to LSB. The District Court also required, as a condition of supervised release, that Lussier pay both the fine and the restitution in installments of at least 10 percent of his gross monthly income.

On direct review, Lussier raised numerous challenges to both his conviction and sentence, including a challenge to the District Court’s loss calculation ' under U.S.S.G. § 2F1.1, but did not dispute the restitution order. This Court affirmed the conviction and sentence in their entirety, discussing in detail only Lussier’s claim concerning trial counsel’s alleged conflict of interest and rejecting his other arguments as “without merit.” United States v. Lussier, 71 F.3d 456, 464 (2d Cir.1995).

Within days of the issuance of this Court’s mandate in December 1995, Lussier filed a motion in the District Court to rescind the restitution order under 18 U.S.C. §§ 3583(e)(2) & 3663(g). In that motion, he argued for the first time that the order was illegal because the amount of restitution was based on a particular check-kiting scheme that, although properly part of the Court’s loss calculation pursuant to U.S.S.G. § 2F1.1 as relevant conduct under U.S.S.G. § 1B1.3, was not the basis of any of the seventeen counts of conviction. Therefore, he contended, the order of restitution was improper under the federal restitution statute, 18 U.S.C. § 3663 et seq., 1 as construed in Hughey, 495 U.S. at 413, 110 S.Ct. at 1981 (restitution statute “authorize[s] an award of restitution only for the loss caused by the specific conduct that is the basis of the offense of conviction” and not for loss caused by relevant conduct properly included in offense level calculation); see United States v. [*34] Silkowski, 32 F.3d 682, 688 (2d Cir.1994). Lussier further argued that the District Court had jurisdiction to entertain this motion because (i) payment of the restitution in installments was a condition of his supervised release under 18 U.S.C. § 3663(g), and (ii) pursuant to 18 U.S.C. § 3583(e)(2), the sentencing court “may modify, reduce, or enlarge” conditions of supervised release at any time.

The District Court did not reach the merits of Lussier’s Hughey claim because it concluded that it lacked the authority under subsection 3583(e)(2) and section 3663(g) to modify the restitution order on the ground of illegality.

Discussion

Lussier’s argument is as follows. First, he points to section 3663(g), which states that if a defendant is placed on probation or sentenced to a term of supervised release, “any restitution ordered under this section shall be a condition of such probation or supervised release.” [2] Next, he points to subsection 3583(e)(2), which permits the sentencing court, after considering factors set forth in section 3553(a), to “modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release.” Reading the two sections together, [3] Lussier argues that the District Court has authority under these sections to modify or reduce — or vacate altogether — its order of restitution as a violation of Hughey, even though Lussier failed to raise this claim on direct appeal and does not now invoke 28 U.S.C. § 2255 as the basis of the District Court’s jurisdiction. Because the court can modify conditions of supervised release under subsection 3583(e)(2), he concludes, it can modify a restitution order that was made a condition of supervised release pursuant to section 3663(g).

Even if we assume that subsection 3583(e)(2) authorizes the District Court to make some modifications of restitution orders that are conditions of supervised release, we believe that the District Court was without authority to modify such orders on the ground of illegality. Lussier’s assumption that the District Court can use subsection 3583(e)(2) to rescind its restitution order as violative of Hughey is inconsistent with the plain language of subsection 3583(e)(2), ignores the context in which this provision appears, and disrupts the established statutory scheme governing appellate review of Ole-gal sentences.

The plain language of subsection 3583(e)(2) indicates that the illegality of a condition of supervised release is not a proper ground for modification under this provision. Subsection 3583(e)(2) requires the court, as it decides whether or how to modify the conditions of supervised release, to consider many of the same factors that it is required to consider in originally imposing a sentence upon a' convicted defendant 18 U.S.C. § 3583(e)(2) (cross-referencing several provi[*35] sions of section 3553(a), which delineates the “[factors to be considered in imposing a sentence.” See S.Rep. No. 98-225, at 75-78 (1984) (“Senate Report”), reprinted in 1984 U.S.C.C.A.N. 3182, 3258-61 (discussing section 3553(a))). Specifically, section 3583(e)— of which subsection 3583(e)(2) is a part— provides that the court may modify conditions of supervised release, “after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6).” 18 U.S.C. § 3583(e); see also Senate Report at 124-25, reprinted in 1984 U.S.C.C.A.N. at 3307-08 (“Subsection (e) permits the court, after considering the same factors considered in the original imposition of a term of supervised release to ... modify, reduce or enlarge the conditions of supervised release_”). [4] These factors include:

(i) “the nature and circumstances of the offense and the history and characteristics of the defendant,” 18 U.S.C. § 3553(a)(1);
(ii) the need for the sentence imposed “to afford adequate deterrence to criminal conduct,” id. § 3553(a)(2)(B), “to protect the public from further crimes of the defendant,” id. § 3553(a)(2)(C), and “to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner,” id. § 3553(a)(2)(D);
(iii) the “kinds of sentence and the sentencing range established for the applicable category of offense [or violation of probation or supervised release] committed by the applicable category of defendant” under the Sentencing Guidelines, id. § 3553(a)(4);
(iv) “any pertinent policy statement issued by the Sentencing Commission,” id. § 3553(a)(5); and
(v)“the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct_” Id. § 3553(a)(6).

Subsection 3583(e)(2), in. sum, requires the court to consider general punishment issues such as deterrence, public safety, rehabilitation, proportionality, and consistency, when it decides to “modify, reduce, or enlarge” the term or conditions of supervised release.

Conspicuously absent from the list of relevant considerations is the legality of the' condition. Although the question of whether a condition of release is authorized by law is surely a necessary one for the sentencing court to answer, it 'is a question logically distinct from the court’s decision to impose a punishment that best serves the often conflicting goals of the criminal law. Subsection 3583(e)(2) on its face authorizes the court to modify conditions of supervised release only when general punishment goals would be better served by a modification. It does not authorize the court to assess the lawfulness of a condition of release. Other procedures, such as a direct appeal under 18 U.S.C. § 3742 or a collateral attack under 28 U.S.C. § 2255, are available to challenge the legality of a condition of supervised release, as long as the requirements of those procedures have been met.

The context in which subsection 3583(e)(2) applies also indicates that it does not authorize Lussier’s challenge. Section 3583(e) sets out the four ways that a district court — after considering the section 3553(a) factors discussed above — can subsequently alter the term or conditions of supervised idease after a defendant has been initially sentenced to a term of supervised release. See United States v. Morales, 45 F.3d 693, 696 (2d Cir.1995); United States v. Malesic, 18 F.3d 205,[*36] 206 (3d Cir.1994); United States v. Williams, 2 F.3d 363, 363-64 (11th Cir.1993). As summarized by the Sixth Circuit, these are:

First, where a defendant has served at least one year of his supervised release and his conduct and the interests of justice so require, the court may terminate the remainder of the defendant’s supervision [18 U.S.C. § 3583(e)(1)];
Second, pursuant to the procedures of [Fed.R.Crim.P.] 32 and 32.1, the court may modify the conditions of a defendant’s supervised release and may extend a defendant’s term of supervised release to the maximum that originally could have been imposed [id § 3583(e)(2) ];
Third, where a defendant’s violation of a condition of his supervised release has been shown by a preponderance of the evidence, the court may revoke the defendant’s supervised release and may order the defendant incarcerated for all, or any portion, of the term which- was originally ordered to be served under supervised release [id § 3583(e)(3) ]; [and]
Fourth, where incarceration is permitted, the court may order a defendant placed under “house arrest” and this restriction may be monitored by telephone or electronic signaling devices [id § 3583(e)(4) ].

United States v. Truss, 4 F.3d 437, 438-39 (6th Cir.1993).

Section 3583(e) provides the district court with retained authority to revoke, discharge, or modify terms and conditions of supervised release following its initial imposition of a supervised release term in order to account for new or unforeseen circumstances. Occasionally, changed circumstances — for instance, exceptionally good behavior by the defendant dr a downward turn in the defendant’s ability to pay a fine or restitution imposed as conditions of release — will render a previously imposed term or condition of release either too harsh or inappropriately tailored to serve the general punishment goals of section 3553(a). In such cases, the eourt may invoke either subsection (1), which “works to the advantage of the defendant,” or subsection (2), which “can be employed either to the defendant’s advantage or his disadvantage,” id. at 439, to discharge the defendant from supervised release, to modify and make less demanding the conditions of release, or to reduce the length of the term of release. Alternatively, new circumstances may arise that require a longer term or harsher conditions of supervised release in order to further the general punishment goals of section 3553(a) — for instance, the defendant’s violation of conditions of release or the discovery of information indicating that the defendant has secreted important financial assets. See, e.g., United States v. Allen, 2 F.3d 538, 539 (4th Cir.1993) (additional term of residence in community service center); United States v. Stout, No. 89-00317-01, 1996 WL 251874 at *1 (E.D.Pa. April 30, 1996) (increased restitution payment).

Lussier’s Hughey-based challenge, endeavoring to dispute the legality of the restitution order, does not involve changed circumstances or affect in any way general punishment aims such as deterrence, rehabilitation, and proportionality. The District Court could not, therefore, rely on subsection 3583(e)(2) to modify the restitution order on this ground. See Truss, 4 F.3d at 439 (noting that subsection 3583(e)(2) “recogniz[es] that the ‘sentencing court must be able to respond to changes in the [defendant’s] circumstances as well as new ideas and methods of rehabilitation’ ”) (citing Fed.R.Crim.P. 32.1(b) advisory committee’s notes); United States v. Kress, 944 F.2d 155, 158 n. 4 (3d Cir.1991) (rejecting defendant’s attempt to rely on Rule 32.1(b) — cross-referenced in subsection 3583(e)(2) — to challenge legality of sentencing order because “Rule 32.1(b) motions ... are vehicles for modifying conditions of probation [or supervised release] when changing circumstances warrant it, or when terms in the order are unclear”).

Finally, Lussier’s assertion that the District Court had jurisdiction to entertain his Hughey challenge under subsection 3583(e)(2) is inconsistent with the scheme of appellate and collateral review established by the Sentencing Reform Act of 1984. Prior to the implementation of this act, defendants convicted of federal offenses had three primary ways of obtaining review of their sentences on the ground of illegality: (1) they[*37] could challenge their sentences on direct appeal; (2) they could initiate a habeas corpus proceeding pursuant to 28 U.S.C. § 2255; and (3) they could “pursue relief before the sentencing judge by filing a motion at any time during service of the sentence under the version of Fed.R.Crim.P. 35(a) then in existence.” United States v. Jordan, 915 F.2d 622, 626 (11th Cir.1990). [5] The Sentencing Reform Act, among other things, “greatly changed the methods by which sentences are imposed and challenged.” United States v. Essig, 10 F.3d 968, 979 (3d Cir.1993). First, Congress enacted 18 U.S.C. § 3742, which affords both the defendant and the Government an opportunity to- appeal certain guidelines sentences. Congress also amended Rule 35(a), see Pub.L. No. 98-473, tit. II, § 215(b), 98 Stat. 1837, 2015-16 (1984), which now authorizes the district court, on remand, only to “correct a sentence that is determined on appeal under 18 U.S.C. § 3742 to have been imposed in violation of law.” See United States v. Henrique, 988 F.2d 85, 86 (9th Cir.1993); see also Fed.R.Crim.P. 35(c) (authorizing district court to correct “arithmetical, technical, or other clear error” within seven days of imposition of sentence). [6] Congress thus “explicitly foreclosed [the Rule 35(a)] route for obtaining judicial review of an allegedly illegal sentence” at any time. Jordan, 915 F.2d at 627-28. No changes, however, were made to 28 U.S.C. § 2255 by the 1984 Act. Id. at 627-29.

The Eleventh Circuit in Jordan described the effects of the 1984 Act in the following way:

Congress’ enactment of § 3742 and simultaneous repeal of former Rule 35(a) can easily be understood as an attempt to streamline the manner in which sentencing challenges arising during the original criminal prosecution can be presented. By leaving § 2255 unmodified, however, Congress guaranteed that review and relief would be available to ensure that, if for some bona fide reason a defendant did not or was not able to aval himself of a direct appeal, fundamental errors could nonetheless be corrected.

Id. at 628 (emphasis in original omitted); see also Fed.R.Crim.P. 35 advisory committee’s notes (“The Committee’s assumption is that a defendant detained pursuant to [a plainly illegal] sentence could seek relief under 28 U.S.C. § 2255 if the seven day period provided in Rule 35(c) has elapsed. Rule 35(c) and § 2255 should thus provide sufficient authority for a district court to correct obvious sentencing errors.”).

The streamlined scheme of sentencing review established by the 1984 Act would be disrupted by the acceptance of Lussier’s interpretation of subsection 3583(e)(2). It would authorize the district court, at any time, to modify or rescind an allegedly illegal condition of supervised release. Nothing in the text or the legislative history of section 3583(e), however, indicates that Congress intended to enact a mini version of the pre-1984 Rule 35(a) and make it applicable only to conditions of supervised release.

Conclusion

Based on the plain language of subsection 3583(e)(2), its context, and the undesirable consequences flowing from a contrary interpretation, we conclude that the District Court did not have authority under this subsection to modify or rescind the restitution order on the ground of Illegality. We do not decide whether other avenues of review are available to Lussier to raise his Hughey-based objection to the restitution order.

1

. The Victim and Witness Protection Act (“VWPA”), 18 U.S.C. § 3663 et seq., was significantly modified by the Antiterrorism and Effec-five Death Penalty Act of 1996 ("AEDPA”), Pub.L. No. 104-132, §§ 201-211, 110 Stat. 1214, 1227-1241 (1996). Because the new law applies only to sentencing proceedings in cases where the defendant was convicted on or after April 24, 1996, see section 211, 110 Stat. at 1241, the 1996 amendments do riot affect this case. Throughout this opinion, therefore, we will cite to the former version of the VWPA.

2

. This section has been repealed by the AEDPA. See Pub.L. No. 104-132, § 205(a)(2), 110 Stat. at 1230.

3

. Lussier also argues that section 3663(g) itself provides the District Court with authority to modify the restitution order at any time. He cites the passage immediately following the part of section 3663(g) quoted in the text:

The court may revoke probation or a term of supervised release, or modify the term or conditions of probation or a term of supervised release, or hold a defendant in contempt pursuant to section 3583(e) if the defendant fails to comply with such [a restitution] order.

18 U.S.C. § 3663(g) (emphasis added). Lussier reads this provision as authorizing the sentencing court to modify all conditions of supervised release, including restitution orders that are also conditions of supervised release. See United States v. Johnson, 48 F.3d 806, 808 (4th Cir.1995) (citing section 3663(g) and noting that court is "authorized to revoke or modify a restitution order”).

The plain meaning of this passage, however, is that when a defendant fails to comply with the court’s restitution order, the court may respond by, among other things, modifying the term or conditions of supervised release. It does not authorize the court to modify the restitution order itself, even if it happens to be a condition of supervised release. Seen in their proper context, this passage and the remainder of section 3663(g) merely "discuss[] the factors to be considered” by the District Court in determining the proper remedy for a defendant's "failure to comply with a restitution order.” United States v. Webb, 30 F.3d 687, 690 (6th Cir.1994). Section 3663(g) is "not [aimed] at modifying the obligation to malte restitution." Id. at 690.

4

. Subsection 3583(e)(2) itself provides that the court may modify conditions of supervised release "pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision.” Rule 32.1(b) establishes the procedures governing the modification of probation or supervised release. Fed. R.Crim.P. 32.1(b); see United States v. Morales, 45 F.3d 693, 698 (2d Cir.1995). Section 3583(c) requires the court, in originally determining the term and conditions of supervised release, to consider the same factors listed in section 3583(e) — namely, sections 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6). Sec-. tion 3583(d)(l)-(3) additionally requires that an imposed condition "is reasonably related to the factors set forth” in section 3553(a), "involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth” in section 3553(a), and "is consistent with any pertinent policy statements issued by the Sentencing Commission.”

5

. Former Rule 35(a), applicable to offenses committed before November 1, 1987, see Pub.L. No. 99-217, 99 Stat. 1728 (1985), authorized a court to "correct an illegal sentence at any time.”

6

. In United States v. Rico, 902 F.2d 1065, 1067 (2d Cir.1990), this Court read the new Rule 35(a) as permitting the district court to correct illegal sentences within the time fixed for filing a notice of appeal as part of the court's “inherent powers.” Subsequently, Congress enacted Rule 35(c), which "codifies the result” in Rico, “but provides a more stringent time requirement”— seven days — for , the exercise of the district court’s power. Fed.R.Crim.P. 35 advisory committee’s notes; see United States v. Werber, 51 F.3d 342, 348 (2d Cir.1995).