United States v. Arthur Lee Williams, 425 F.3d 987 (11th Cir. 2005). · Go Syfert
United States v. Arthur Lee Williams, 425 F.3d 987 (11th Cir. 2005). Cases Citing This Book View Copy Cite
56 citation events (56 in the last 25 years) across 13 distinct courts.
Strongest positive: United States v. Kevin Daniel Roberson (ca11, 2018-08-20)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
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Top citers, strongest first. 43 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Kevin Daniel Roberson (3×) also: Cited as authority (rule)
11th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
until williams exhausts his administrative remedies, this issue is not ripe for judicial review.
discussed Cited as authority (verbatim quote) United States v. Douglas Knight
9th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
congress did 12240 united states v. knight eventually amend 3583(e)(3) so that the statutory caps now explicitly apply to each revocation of supervised release.
discussed Cited as authority (verbatim quote) United States v. Knight
9th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
congress did eventually amend 3583(e)(3) so that the statutory caps now explicitly apply to each revocation of supervised release.
discussed Cited as authority (verbatim quote) United States v. Arron Lewis (2×) also: Cited as authority (rule)
8th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
statutory caps post protect act explicitly apply to each revocation of supervised release
discussed Cited as authority (verbatim quote) United States v. Lewis (2×) also: Cited as authority (rule)
8th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
statutory caps post protect act explicitly apply to each revocation of super 825 vised release
discussed Cited as authority (rule) Variste v. Woods (INMATE 1)
M.D. Ala. · 2019 · confidence medium
See Lopez v. Davis, 531 U.S. 230, 236 (2001); Williams v. Pearson, 197 F. App’x 872, 877 (11th Cir. 2006); Stephens v. Herrera, 464 F.3d 895, 897 (9th Cir. 2006); United States v. Williams, 425 F.3d 987, 990 (11th Cir. 2005); Bishop v. Reno, 210 F.3d 1295 , 1304 n.14 (11th Cir. 2005); Jiminian v. Nash, 245 F.3d 144, 146 (2d Cir. 2001); United States v. Miller, 871 F.2d 488, 490 (4th Cir. 1989).
cited Cited as authority (rule) United States v. Roland Ware
4th Cir. · 2016 · confidence medium
See Tapia-Escalera, 356 F.3d at 188 ; United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005), abrogated on other grounds.
cited Cited as authority (rule) United States v. Steven Perry
7th Cir. · 2014 · confidence medium
See United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir.2004); United States v. Williams, 675 F.3d 275, 279-81 (3d Cir. 2012); United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005).
cited Cited as authority (rule) United States v. Keith Whittingham
11th Cir. · 2013 · confidence medium
United States v. Williams, 425 F.3d 987, 990 (11th Cir.2005) (per curiam).
discussed Cited as authority (rule) United States v. Gary Tubby
11th Cir. · 2013 · confidence medium
United States v. Williams, 425 F.3d 987, 990 (11th Cir. *874 2005) (explaining that an inmate’s claim relating to credit for time served is properly brought in a § 2241 petition).
discussed Cited as authority (rule) United States v. Emmett Spencer
D.C. Cir. · 2013 · confidence medium
See Epstein, 620 F.3d at 80 (defendant originally sen *368 tenced for firearms violations); Knight, 580 F.3d at 937-38 (same); Lewis, 519 F.3d at 825 (defendant originally sentenced for interstate transportation of a stolen vehicle); United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (defendant originally sentenced for bank robbery); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir.2004) (defendant originally sentenced for illegal drug possession).
discussed Cited as authority (rule) United States v. Hernandez
10th Cir. · 2011 · confidence medium
See, e.g., United States v. Hampton, 633 F.3d 334 , 338 & n. 1 (5th Cir.2011); United States v. Epstein, 620 F.3d 76, 80 (2d Cir.2010); United States v. Knight, 580 F.3d 933, 938-40 (9th Cir.2009); United States v. Lewis, 519 F.3d 822, 825 (8th Cir.2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (in dicta); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir.2004) (in dicta).
discussed Cited as authority (rule) United States v. Saadiq Shabazz
5th Cir. · 2011 · confidence medium
See United States v. Epstein, 620 F.3d 76, 80 (2d Cir. 2010) (per curiam); United States v. Knight, 580 F.3d 933 , 937–38 (9th Cir. 2009); United States v. Lewis, 519 F.3d 822, 825 (8th Cir. 2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005) (per curiam); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir. 2004). 5 No. 10-10553 about existing law pertinent to the legislation it enacts.”).
discussed Cited as authority (rule) United States v. Stephanie Hampton
5th Cir. · 2011 · confidence medium
See United States v. Epstein, 620 F.3d 76, 80 (2d Cir.2010) (per curiam); United States v. Knight, 580 F.3d 933, 937-38 (9th Cir.2009); United States v. Lewis, 519 F.3d 822, 825 (8th Cir.2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (per curiam); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir.2004).
discussed Cited as authority (rule) United States v. Stephanie Hampton
5th Cir. · 2011 · confidence medium
See United States v. Epstein, 620 F.3d 76, 80 (2d Cir. 2010) (per curiam); United States v. Knight, 580 F.3d 933 , 937–38 (9th Cir. 2009); United States v. Lewis, 519 F.3d 822, 825 (8th Cir. 2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005) (per curiam); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir. 2004).
discussed Cited as authority (rule) United States v. Saadiq Shabazz
5th Cir. · 2011 · confidence medium
See United States v. Epstein, 620 F.3d 76, 80 (2d Cir. 2010) (per curiam); United States v. Knight, 580 F.3d 933 , 937–38 (9th Cir. 2009); United States v. Lewis, 519 F.3d 822, 825 (8th Cir. 2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005) (per curiam); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir. 2004). 5 No. 10-10553 about existing law pertinent to the legislation it enacts.”).
discussed Cited as authority (rule) United States v. Stephanie Hampton
5th Cir. · 2011 · confidence medium
See United States v. Epstein, 620 F.3d 76, 80 (2d Cir. 2010) (per curiam); United States v. Knight, 580 F.3d 933 , 937–38 (9th Cir. 2009); United States v. Lewis, 519 F.3d 822, 825 (8th Cir. 2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005) (per curiam); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir. 2004).
discussed Cited as authority (rule) United States v. Saadiq Shabazz
5th Cir. · 2011 · confidence medium
See United States v. Epstein, 620 F.3d 76, 80 (2d Cir.2010) (per curiam); United States v. Knight, 580 F.3d 933, 937-38 (9th Cir.2009); United States v. Lewis, 519 F.3d 822, 825 (8th Cir.2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (per curiam); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir.2004). 3 .
discussed Cited as authority (rule) United States v. Epstein
2d Cir. · 2010 · confidence medium
See United States v. Knight, 580 F.3d 933, 937-38 (9th Cir.2009), United States v. Lewis, 519 F.3d 822, 824-25 (8th Cir.2008); United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (in dicta); United States v. Tapia-Escalera, 356 F.3d 181, 188 (1st Cir.2004) (in dicta).
discussed Cited as authority (rule) United States v. Hoffman-Vaile
11th Cir. · 2009 · confidence medium
Although we need not consider legislative history when the statutory language is clear, United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005) (per curiam), our conclusion that the broad language of section 1519 encompasses proceedings before the grand jury is also confirmed by the legislative history of the statute.
cited Cited as authority (rule) United States v. Roosevelt Tobias Bailey, Jr.
11th Cir. · 2008 · confidence medium
United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (per curiam); 18 U.S.C. § 3583 (e)(3).
discussed Cited as authority (rule) Vale v. Internal Revenue Service
11th Cir. · 2008 · confidence medium
“The timely filing of a notice of appeal is a mandatory prerequisite to exercise of appellate jurisdiction.” United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005) (per curiam) (citation omitted).
cited Cited as authority (rule) United States v. Antonio Cruz
11th Cir. · 2007 · confidence medium
Williams, 425 F.3d at 989 (construing the same version of § 3583(e)(3)).
cited Cited as authority (rule) United States v. Gregory A. Baxter
11th Cir. · 2007 · confidence medium
United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005).
discussed Cited as authority (rule) United States v. Specialist BENNIE B. GOGUE
A.C.C.A. · 2007 · confidence medium
See United States v. Morales-Madera, 352 F.3d 1, 15 (1st Cir. 2003); United States v. Rivers, 329 F.3d 119, 122 (2d Cir. 2003); Ruggiano v. Reish, 307 F.3d 121, 133 (3d Cir. 2002); United States v. Barrera-Saucedo, 385 F.3d 533, 536 (5th Cir. 2004); United States v. Crozier, 259 F.3d 503, 520 (6th Cir. 2001); United States v. Ross, 219 F.3d 592, 594 (7th Cir. 2000); United States v. Tindall, 455 F.3d 885, 888 (8th Cir. 2006); United States v. Peters, 470 F.3d 907, 909 (9th Cir. 2006); United States v. Gonzales, 65 F.3d 814, 822 (10th Cir. 1995); United States v. Williams, 425 F.3d 987, 990 (11…
discussed Cited as authority (rule) United States v. Ted Edward Weaver
11th Cir. · 2006 · confidence medium
Section 3583 of Title 18 provides that the district court may: revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defenda…
cited Cited as authority (rule) United States v. Daniel Donaldson
11th Cir. · 2006 · confidence medium
“The timely filing of a notice of appeal is a mandatory prerequisite to exercise of appellate jurisdiction.” United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005).
cited Cited as authority (rule) United States v. Rene Corvo
11th Cir. · 2006 · confidence medium
United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005).
cited Cited "see" United States v. John A. Cunningham
11th Cir. · 2015 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987 (11th Cir.2005), abrogated on other grounds.
discussed Cited "see" United States v. Keaton Lamar Johnson
11th Cir. · 2013 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005) (concluding that “ § 3582(e)(3)’s statutory máximums apply in the aggregate” for sentences imposed on multiple revocations of supervised release).
discussed Cited "see" Nelson Rey v. Warden, FCC Coleman - Low
11th Cir. · 2009 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987, 990 (11th Cir.2005) (the BOP, as opposed to the district courts, is responsible for computing the amount of credit due for the time a defendant served before sentencing).
cited Cited "see" United States v. Ricardo Olmedo, Jr.
11th Cir. · 2009 · signal: see · confidence high
See 425 F.3d at 989 .
discussed Cited "see" United States v. Ricky Shannon
7th Cir. · 2009 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987, 989 (11th Cir. 2005); United States v. Tapia‐Escalera, 356 F.3d 181, 187 (1st Cir. 2004) (collecting cases); United States v. Beals, 87 F.3d 854 , 857‐58 (7th Cir. 1996) (in dictum), overruled on other grounds by United States v. Withers, 128 F.3d 1167, 1172 (7th Cir. 1997); cf. United States v. Vera, 542 F.3d 457 , 461 n.2 (5th Cir. 2008); United States v. Lewis, 519 F.3d 822 , 824‐25 (8th Cir. 2008).
cited Cited "see" United States v. Kimberly Renee Roberts
11th Cir. · 2008 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (per curiam) (holding that statutory máximums apply in the aggregate for sentences upon revocation of supervised release).
discussed Cited "see" United States v. Richard Carl Rowe, III
11th Cir. · 2008 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987 , 990 n. 2 (11th Cir.2005) (“These revocation guidelines [U.S.S.G. § 7B1.4] are advisory, and the court can use its discretion in sentencing as long as it does not exceed the statutory maximum .... ”).
cited Cited "see" United States v. Mazarky
11th Cir. · 2007 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987 , 988 n. 1 (11th Cir.2005).
cited Cited "see" John P. Rowe, Jr. v. Thomas F. \Slick\" Jones"
11th Cir. · 2007 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987, 988-89 (11th Cir.2005) (noting that courts may look to the legislative history if the statutory language is ambiguous).
discussed Cited "see" United States v. Gregory Alphonso Finney
11th Cir. · 2005 · signal: see · confidence high
See United States v. Williams, 425 F.3d 987 (11th Cir.2005) (holding that § 3583(e)(3)’s statutory máximums apply in the aggregate, and that, where a defendant had previously been sentenced to one-year and one day imprisonment upon revocation of his supervised release and § 3583(e)(3)’s statutory maximum was two years’ imprisonment, the district court could only sentence the defendant to 364 days' imprisonment upon "re-revocation” of his supervised release).
discussed Cited "see, e.g." Markovich v. Heuett
S.D. Fla. · 2024 · signal: see also · confidence medium
Ala. June 14, 2016) (citing United States v. Nyhuis, 211 F.3d 1340, 1345 (11th Cir. 2000) (“A claim for credit for time served is brought under 28 U.S.C. § 2241 after the exhaustion of administrative remedies”)); see also United States v. Roberson, 746 F. App’x 883 , 885 (11th Cir. 2018) (quoting United States v. Williams, 425 F.3d 987, 990 (11th Cir. 2005)) (“Because the BOP has the responsibility for determining credit awards, ‘a federal prisoner dissatisfied with computation of his sentence must pursue the administrative remedy available through the federal prison system before s…
cited Cited "see, e.g." United States v. Bryan Holm
8th Cir. · 2023 · signal: see, e.g. · confidence medium
See, e.g., United States v. Williams, 425 F.3d 987, 988-89 (11th Cir. 2005) (per curiam) (applying the 1991 version of § 3583(e)(3)).
cited Cited "see, e.g." Israel Santiago-Lugo v. Warden
11th Cir. · 2015 · signal: see, e.g. · confidence medium
See, e.g., United States v. Williams, 425 F.3d 987, 990 (11th Cir.2005); Skinner, 355 F.3d at 1295 ; Winck, 327 F.3d at 1300 n. 1; Boz v. United States, 248 F.3d 1299, 1300 (11th Cir.2001). 6 .
cited Cited "see, e.g." United States v. Lewis
W.D. Mo. · 2007 · signal: see also · confidence medium
United States v. Tapia-Escalera, 356 F.3d 181 , 187 & n. 7 (1st Cir.2004) (citing cases and recounting events); see also United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005).
discussed Cited "see, e.g." United States v. Marcus Smith
11th Cir. · 2006 · signal: see also · confidence medium
See R5 at 6; see also United States v. Williams, 425 F.3d 987, 989 (11th Cir.2005) (per curiam) (recognizing that statutory máximums of § 3583(e)(3) apply in the aggregate and that, where a defendant had previously been sentenced to one-year and one-day imprisonment upon revocation of his supervised release, the district court could sentence the defendant to only 364 days of imprisonment upon re-revocation of his supervised release). 3 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Arthur Lee WILLIAMS, Defendant-Appellant
04-15732.
Court of Appeals for the Eleventh Circuit.
Sep 19, 2005.
425 F.3d 987
Leonardo Spitale, Jr. (Court-Appointed), Coral Gables, FL, for Williams., Laura Thomas Rivero, Anne R. Schultz and Harriet R. Galvin, Asst. U.S. Attys., Miami, FL, for U.S.
Dubina, Carnes, Marcus.
Cited by 45 opinions  |  Published
PER CURIAM:

Appellant Arthur Lee Williams appeals his sentence of 21 months imprisonment imposed by the district court upon his second violation of supervised release from his original bank robbery conviction. First, Williams argues that because he was placed on supervised release for a Class C felony, the maximum sentence he could receive in the aggregate was two years under 18 U.S.C. § 3583(e)(3). Because he had already been sentenced to a year and a day in prison upon his first revocation of supervised release, Williams argues that the maximum sentence he could receive upon the “re-revocation” of his supervised release is 364 days, and the government concedes this point in its brief. Second, Williams argues that the district court erred when it imposed two years of supervised release to follow its sentence of a year and day for Williams’s first revocation of supervised release. Third, Williams argues that he should receive credit for the 283 days from his arrest and detention on grand-theft-auto charges to the date of his revocation and sentencing. Fourth, Williams argues that the district court erred by failing to find by the preponderance of the evidence that Williams violated his supervised release by stealing his aunt’s car, which would be a Grade B violation. At most, Williams asserts that he should have been sentenced to an 8 to 14 month term for a Grade C violation.

I. Section 8588(e)(8)

We “review! ] de novo the legality of a sentence, including a sentence imposed pursuant to revocation of a term of supervised release.” United States v. Pla, 345 F.3d 1312, 1313 (11th Cir.2003). The 1991 version of § 3583(e)(3) that was in effect at the time Williams committed the underlying offense [1] authorized a district court to:

revoke a term of supervised release, and require the person to serve in prison all or part of the term of supervised release without credit for the time previously served on postrelease supervision, if it finds by a preponderance of the evidence that the person violated a condition of supervised release ... except that a person whose term is revoked under this paragraph may not be required to serve more than 3 years in prison if the offense for which the person was convicted was a Class B felony, or more than 2 years in prison if the offense was a Class C or D felony[.]

18 U.S.C. § 3583(e)(3) (1991). The issue of first impression presented in this case is whether § 3583(e)(3)’s statutory caps apply to each revocation of supervised release, or to the aggregate of the sentences imposed on multiple revocations of supervised release. Under the rules of statutory construction, one applies the “plain meaning” rule by first looking to actual' language used in a statute to determine its meaning. CBS Inc. v. PrimeTime 24 [*989] Joint Venture, 245 F.3d 1217, 1224 (11th Cir.2001). Only when the statutory language is shown to be ambiguous may a court look to legislative history. Id.

Examining the language of § 3583(e)(3), it does provide that the term of imprisonment is to be calculated “without credit for the time previously served on postrelease supervision.” 18 U.S.C. § 3583(e)(3) (emphasis added). However, the statute is silent regarding whether the term is to be calculated with or without credit for time served in prison for previous violations of supervised release. See id. While the statute’s language does not explicitly support Williams’s aggregation argument, it does not foreclose it either. Furthermore, Congress did eventually amend § 3583(e)(3) so that the statutory caps now explicitly apply to each revocation of supervised release. 18 U.S.C. § 3583(e)(3) (2005). In 2003, Congress added the phrase “on any such revocation” so that it now reads “a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation more than ... 2 years in prison if such offense is a Class C or D felony[.]” Id. The fact Congress needed to add such language indicates that prior to 2003 Congress either believed that the caps applied in the aggregate or that the statute was so ambiguous it needed clarification.

While the statutory language of the applicable version of § 3583(e)(3) is too inconclusive to provide definitive guidance, there is explicit legislative history that supports Williams’s aggregation argument. The 1991 Senate Report makes clear that the statutory cap is to apply to the aggregate term of all imprisonments for supervised release violations. 137 Cong. Rec. S7769-72 (daily ed. June 13, 1991). In addition to the 1991 Senate Report, Williams’s aggregation argument is supported by the fact that the other six circuit courts of appeals to have considered this issue have taken the position that the statutory caps apply in the aggregate, not to each revocation. See United States v. Tapia-Escalera, 356 F.3d 181, 187 (1st Cir.2004) (citing decisions from the Second, Fifth, Seventh, Eighth, and Tenth Circuits) (persuasive authority).

We agree with the reasoning of our sister circuits and hold that § 3583(e)(3)’s statutory máximums apply in the aggregate for the following reasons: (1) the statutory language does not forbid such an interpretation; (2) the explicit legislative history favors such a reading; (3) the government has conceded this issue in several cases, including this one; and (4) six other circuit courts of appeals have concluded that the caps apply in the aggregate. Accordingly, we must vacate Williams’s sentence and remand this case for the court to resentence with the new sentence not to exceed 364 days.

II. First Revocation of Supervised Release

“In a criminal case, a defendant’s notice of appeal must be filed in the district court within 10 days after ... (i) the entry of either the judgment or the order being appealed .... ” Fed. R.App. P. 4(b)(1)(A)®. “The timely filing of a notice of appeal is a mandatory prerequisite to the exercise of appellate jurisdiction.” United States v. Grant, 256 F.3d 1146, 1150 (11th Cir.2001) (quotation omitted).

A review of the record demonstrates that Williams never filed a notice of appeal from the district court’s amended judgment as to his first revocation of supervised release. Therefore, we do not have jurisdiction to consider whether the sentence imposed after Williams’s first revocation of supervised release was in error. Accordingly, we must dismiss this part of the appeal for lack of jurisdiction.

[*990] III.Credit for Time Served

The relevant statute regarding credit for time served is 18 U.S.C. § 3585(b), which states as follows:

(b) Credit for prior custody. — A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences—
(1) as a result of the offense for which the sentence was imposed; or
(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed;
that has not been credited against another sentence.

In construing 18 U.S.C. § 3585(b), the Supreme Court has held that the Attorney General through the Bureau of Prisons, as opposed to the district courts, is authorized to compute sentence credit awards after sentencing. United States v. Wilson, 503 U.S. 329, 333-35, 112 S.Ct. 1351, 1354-55, 117 L.Ed.2d 593 (1992). As a result, “a federal prisoner dissatisfied with computation of his sentence must pursue the administrative remedy available through the federal prison system before seeking judicial review of his sentence.” United States v. Flanagan, 868 F.2d 1544, 1546 (11th Cir.1989) (interpreting § 3585(b)’s predecessor, § 3568). “A claim for credit for time served is brought under 28 U.S.C. § 2241 after the exhaustion of administrative remedies.” United States v. Nyhuis, 211 F.3d 1340, 1345 (11th Cir.2000). “Exhaustion of administrative remedies is jurisdictional.” Gonzalez v. United States, 959 F.2d 211, 212 (11th Cir.1992) (addressing denial of a § 2241 petition).

After reviewing the record, we conclude that Williams has failed to exhaust his administrative remedies. Until Williams exhausts his administrative remedies, this issue is not ripe for judicial review. Accordingly, we dismiss this issue.

IV.U.S.S.G. § 7BU(a)

The Sentencing Guidelines established a table setting forth a range of recommended sentences of imprisonment upon the revocation of supervised release. [2] U.S.S.G. § 7B1.4(a). The two variables that are factored into the table’s grid are the grade of the violation and the individual’s criminal history category. Id. The table’s range of imprisonment reflects the policy choice of recommending longer sentences for individuals who commit a higher grade violation, i.e., a Grade A violation as opposed to a Grade C violation, or who fall within a high criminal history category. See id.

Williams argues that the district court erred in sentencing him to 21 months imprisonment for a Grade B violation when at most he should have been sentenced to a range of 8 to 14 months for a Grade C violation. Because we are remanding under Issue 1 above for a sentence no greater than 364 days, Williams’s sentence, by definition, will fall within the 8 to 14 month range or lower. Accordingly, we dismiss this issue because it is moot.

V.Conclusion

After reviewing the statutory language, we conclude that the statutory caps of § 3583(e)(3) apply in the aggregate. Therefore, the maximum sentence that Williams can receive upon resentencing is 364 days. As a result, Williams’s argument that he should have been sentenced on the basis of a Grade C violation instead[*991] of a Grade B violation becomes moot. As for Williams’s other issues, we do not have jurisdiction to consider them because he did not file a timely notice of appeal from the district court’s amended judgment upon his first revocation of supervised release, and he has failed to exhaust his administrative remedies before the Bureau of Prisons in his attempt to receive credit for time served.

VACATED and REMANDED in part, DISMISSED in part.

1

. Because Williams’s bank robbery offense occurred in 1991, this Court examines the version of the statute that was in effect at that time. United States v. Gresham, 325 F.3d 1262, 1265 (11th Cir.2003).

2

. These revocation guidelines are advisory, and the court can use its discretion in sentencing as long as it does not exceed the statutory maximum or fall below the statutoiy minimum sentence. United States v. Hofierka, 83 F.3d 357, 360 (11th Cir.1996).