U.S.S.G. § 5D1.2
Term of Supervised Release
(a) If a term of supervised release is ordered, the court shall conduct an individualized assessment to determine the length of the term, which shall not be less than any statutorily required minimum term. Except as otherwise provided by statute, the maximum term of supervised release is as follows:
(1) Not more than five years for a defendant convicted of a Class A or B felony. See 18 U.S.C. § 3583(b)(1).
(2) Not more than three years for a defendant convicted of a Class C or D felony. See 18 U.S.C. § 3583(b)(2).
(3) Not more than one year for a defendant convicted of a Class E felony or a misdemeanor (other than a petty offense). See 18 U.S.C. § 3583(b)(3).
(b) The court should state in open court the reasons for the length of the term imposed. See 18 U.S.C. § 3553(c).
Commentary
Application Notes:
1. Individualized Assessment.—When conducting an individualized assessment to determine the length of a term of supervised release, the factors to be considered are the same as the factors considered in determining whether to impose such a term. See 18 U.S.C. § 3583(c); Application Note 1 to §5D1.1 (Imposition of a Term of Supervised Release). The court should ensure that the term imposed on the defendant is sufficient, but not greater than necessary, to address the purposes of imposing supervised release on the defendant. 2. Terrorism and Sex Offenses.—Congress has authorized a term of supervised release that exceeds the maximum terms described in subsection (a) for certain serious offenses. See 18 U.S.C. § 3583(j), (k). For certain terrorism offenses, the authorized term of supervised release is any term of years or life. 18 U.S.C. § 3583(j). For certain sex offenses, the authorized term of supervised release is any term of years not less than five, or up to life. 18 U.S.C. § 3583(k). 3. Drug Offenses.—For certain drug offenses, Congress has established statutory minimum terms of supervised release. See, e.g., 21 U.S.C. §§ 841(b), 960(b) (providing minimum terms of supervised release depending on drug type and quantity and criminal history). 4. Safety Valve Cases.—A defendant who qualifies under §5C1.2 (Limitation on Applicability of Statutory Minimum Sentence in Certain Cases) is not subject to any statutory minimum sentence of supervised release. See 18 U.S.C. § 3553(f). In such a case, the term of supervised release is determined under subsection (a). 5. Substantial Assistance Cases.—Upon motion of the Government, a defendant who has provided substantial assistance in the investigation or prosecution of another person who has committed an offense may be sentenced to a term of supervised release that is less than any minimum required by statute. See 18 U.S.C. § 3553(e), §5K1.1 (Substantial Assistance to Authorities). 6. Early Termination and Extension.—The court has authority to terminate or extend a term of supervised release. See 18 U.S.C. § 3583(e)(1), (2); §5D1.4 (Modification, Early Termination, and Extension of Supervised Release (Policy Statement)).Historical Note: Effective November 1, 1987. Amended effective January 15, 1988 (amendment 52); November 1, 1989 (amendment 302); November 1, 1995 (amendment 529); November 1, 1997 (amendment 570); November 1, 2001 (amendment 615); November 1, 2002 (amendments 637 and 646); November 1, 2004 (amendment 664); November 1, 2005 (amendment 679); November 1, 2007 (amendment 701); November 1, 2009 (amendment 736); November 1, 2011 (amendment 756); November 1, 2014 (amendment 786); November 1, 2025 (amendment 835).
Notes of Decisions
Cited in 469
cases (62 in the last 5 years), 1990–2026 · leading case: United States v. Apodaca, 641 F.3d 1077 (9th Cir. 2011).
United States v. Apodaca, 641 F.3d 1077 (9th Cir. 2011). “701 (2007) (codified at U.S.S.G. § 5D1.2 cmt. n. 1) with PROTECT Act of 2003, Pub.”
United States v. Charles Goodwin, 717 F.3d 511 (7th Cir. 2013). “To determine whether failure to register should be classified as a sex offense, we first look to Application Note 1 to U.S.S.G. § 5D1.2. This note defines a sex offense as a crime “perpetrated against a minor” under, inter alia, chapter 109B of Title 18.”
United States v. Irey, 612 F.3d 1160 (11th Cir. 2010). “See U.S.S.G. § 5D1.2(b). While it is true that someone on supervised release is not entirely free, it is equally true that he is not confined in a prison either.”
United States v. Poe, 556 F.3d 1113 (10th Cir. 2009). “U.S.S.G. § 5D1.2. Subsection 5D1.2(a) sets the Guidelines ranges for various felonies and misdemeanors that do not have statutory mandatory minimum terms of supervised release.”
United States v. Shelton Ketter, 908 F.3d 61 (4th Cir. 2018). “Pursuant to then-controlling law, these prior crimes provided the basis for finding him an "armed career criminal" under the ACCA's residual clause.”
United States v. McBride, 511 F.3d 1293 (11th Cir. 2007). “U.S.S.G. § 5D1.2(b)(2). The probation officer noted that the "Term of Supervised Release (Policy Statement)" in § 5D1.”
United States v. Steven Helton, 782 F.3d 148 (4th Cir. 2015). “”); see also U.S.S.G. § 5D1.2 (“[T]he length of the term of supervised release .”
United States v. Brooks, 889 F.3d 95 (2d Cir. 2018). “Brooks's applicable Guidelines range was also three years' supervised release, the mandatory minimum for his offense.”
United States v. Kevin Carson, 924 F.3d 467 (8th Cir. 2019). “” USSG § 5D1.2(b) (Policy Statement) (emphasis added).”
United States v. Angel Segura, 747 F.3d 323 (5th Cir. 2014). “See U.S.S.G. § 5D1.2. Section 5D1.2(b)(2) is a policy statement recommending that sentencing courts impose the statutory maximum term of supervised release if the offense of conviction is a sex offense.”
United States v. Russell, 600 F.3d 631 (D.C. Cir. 2010). “(4) [the applicable Sentencing Guidelines range based on the defendant's offense and criminal history]; (5) [pertinent policy statements issued by the Sentencing Commission]; and (6) the need to avoid unwarranted sentence disparities among defendants with similar records who…”
United States v. Cope, 527 F.3d 944 (9th Cir. 2008). “See U.S.S.G. § 5D1.2(a) (Nov.2002) (specifying supervised release range for Class C felonies); 18 U.”
— U.S.S.G. §5D1.2(1) — 1 case
United States v. Michael Williams, 65 F.3d 301 (2d Cir. 1995).
— U.S.S.G. §5D1.2(a) — 52 cases
United States v. Heckard, 238 F.3d 1222 (10th Cir. 2001).
UNITED STATES of Am., Plaintiff-Appellee, v. Jose Hernandez GARCIA, Defendant-Appellant, 112 F.3d 395 (9th Cir. 1997).
United States v. Clarence Trotter, 270 F.3d 1150 (7th Cir. 2001).
United States v. Cope, 527 F.3d 944 (9th Cir. 2008). “See U.S.S.G. § 5D1.2(a) (Nov.2002) (specifying supervised release range for Class C felonies); 18 U.”
United States v. Melendez-Santana, 353 F.3d 93 (1st Cir. 2003).
— U.S.S.G. §5D1.2(a)(1) — 24 cases
United States v. Shelton Ketter, 908 F.3d 61 (4th Cir. 2018). “Pursuant to then-controlling law, these prior crimes provided the basis for finding him an "armed career criminal" under the ACCA's residual clause.”
United States v. Rabb, 5 F.4th 95 (1st Cir. 2021).
United States v. Stanford Wylie, 991 F.3d 861 (7th Cir. 2021).
United States v. Hector Castaneda, 77 F.4th 611 (7th Cir. 2023).
United States v. Timothy Jevon Sewell, 712 F. App'x 917 (11th Cir. 2017).
— U.S.S.G. §5D1.2(a)(2) — 102 cases
United States v. Shelton Ketter, 908 F.3d 61 (4th Cir. 2018). “Pursuant to then-controlling law, these prior crimes provided the basis for finding him an "armed career criminal" under the ACCA's residual clause.”
Dudley Bryant, Jr. v. Warden, FCC Coleman - Medium, 738 F.3d 1253 (11th Cir. 2013).
United States v. Kravchuk, 335 F.3d 1147 (10th Cir. 2003).
United States v. Dennis Emmett, 749 F.3d 817 (9th Cir. 2014).
United States v. Garcia, 242 F.3d 593 (5th Cir. 2001).
— U.S.S.G. §5D1.2(a)(3) — 5 cases
United States v. William Gilchrist, 130 F.3d 1131 (3rd Cir. 1997).
United States v. Miell, 744 F. Supp. 2d 904 (N.D. Iowa 2010).
United States v. Ton Ton Aquino (11th Cir. 2024).
United States v. Segura (5th Cir. 2003).
United States v. DeChick, 181 F. App'x 100 (2d Cir. 2006).
— U.S.S.G. §5D1.2(a)(l) — 24 cases
United States v. Poe, 556 F.3d 1113 (10th Cir. 2009). “U.S.S.G. § 5D1.2. Subsection 5D1.2(a) sets the Guidelines ranges for various felonies and misdemeanors that do not have statutory mandatory minimum terms of supervised release.”
United States v. Rivera, 847 F.3d 847 (7th Cir. 2017).
United States v. Horacio Armendariz, 451 F.3d 352 (5th Cir. 2006).
United States v. Harris, 258 F. Supp. 3d 137 (D.D.C. 2017).
United States v. William Cortes-Claudio, 312 F.3d 17 (1st Cir. 2002).
— U.S.S.G. §5D1.2(b) — 68 cases
United States v. Irey, 612 F.3d 1160 (11th Cir. 2010). “See U.S.S.G. § 5D1.2(b). While it is true that someone on supervised release is not entirely free, it is equally true that he is not confined in a prison either.”
United States v. William Elijah Trailer, 827 F.3d 933 (11th Cir. 2016).
United States v. Poynter, 495 F.3d 349 (6th Cir. 2007).
United States v. Kevin Carson, 924 F.3d 467 (8th Cir. 2019). “” USSG § 5D1.2(b) (Policy Statement) (emphasis added).”
United States v. Apodaca, 641 F.3d 1077 (9th Cir. 2011). “701 (2007) (codified at U.S.S.G. § 5D1.2 cmt. n. 1) with PROTECT Act of 2003, Pub.”
— U.S.S.G. §5D1.2(b)(1) — 6 cases
United States v. Douglas Wright, 747 F.3d 399 (6th Cir. 2014).
United States v. Abdella Tounisi, 900 F.3d 982 (7th Cir. 2018).
United States v. George Andrews, Jr., United States of Am. v. Salvador Torres Garcia, 918 F.2d 1156 (5th Cir. 1990).
United States v. Abdella Tounisi (7th Cir. 2018).
United States v. Anthony Hayne (6th Cir. 2020).
— U.S.S.G. §5D1.2(b)(2) — 100 cases
United States v. Apodaca, 641 F.3d 1077 (9th Cir. 2011). “701 (2007) (codified at U.S.S.G. § 5D1.2 cmt. n. 1) with PROTECT Act of 2003, Pub.”
United States v. Charles Goodwin, 717 F.3d 511 (7th Cir. 2013). “To determine whether failure to register should be classified as a sex offense, we first look to Application Note 1 to U.S.S.G. § 5D1.2. This note defines a sex offense as a crime “perpetrated against a minor” under, inter alia, chapter 109B of Title 18.”
United States v. McBride, 511 F.3d 1293 (11th Cir. 2007). “U.S.S.G. § 5D1.2(b)(2). The probation officer noted that the "Term of Supervised Release (Policy Statement)" in § 5D1.”
United States v. Russell, 600 F.3d 631 (D.C. Cir. 2010). “(4) [the applicable Sentencing Guidelines range based on the defendant's offense and criminal history]; (5) [pertinent policy statements issued by the Sentencing Commission]; and (6) the need to avoid unwarranted sentence disparities among defendants with similar records who…”
United States v. James Arbaugh, 951 F.3d 167 (4th Cir. 2020).
— U.S.S.G. §5D1.2(b)(3) — 2 cases
United States v. Luis Montenegro-Rojo, 908 F.2d 425 (9th Cir. 1990).
United States v. Leonard James Ravoy, United States of Am. v. Barbara Jean Ravoy, A/K/A Barbara J. Morgan, T/n Barbara Jean Nash, 994 F.2d 1332 (8th Cir. 1993).
— U.S.S.G. §5D1.2(b)(l) — 6 cases
United States v. Douglas Wright, 747 F.3d 399 (6th Cir. 2014).
United States v. Tim Collins, 684 F.3d 873 (9th Cir. 2012).
United States v. Alan Reed Wivell, 893 F.2d 156 (8th Cir. 1990).
United States v. Shultz, 880 F. Supp. 605 (N.D. Ind. 1995).
United States v. Bruce, 909 F. Supp. 1034 (N.D. Ohio 1995).
— U.S.S.G. §5D1.2(c) — 44 cases
United States v. Pugh, 515 F.3d 1179 (11th Cir. 2008).
United States v. Cope, 527 F.3d 944 (9th Cir. 2008). “See U.S.S.G. § 5D1.2(a) (Nov.2002) (specifying supervised release range for Class C felonies); 18 U.”
United States v. Planck, 493 F.3d 501 (5th Cir. 2007).
United States v. Allison, 447 F.3d 402 (5th Cir. 2006).
United States v. Poe, 556 F.3d 1113 (10th Cir. 2009). “U.S.S.G. § 5D1.2. Subsection 5D1.2(a) sets the Guidelines ranges for various felonies and misdemeanors that do not have statutory mandatory minimum terms of supervised release.”
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