GLD-212 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 12-4561

___________

UNITED STATES OF AMERICA

v.

DWAYNE MICHAEL CARTER,

Appellant

____________________________________

On Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil No. 07-cr-00110-002)

District Judge: Honorable Gary L. Lancaster

____________________________________

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)

or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

April 25, 2013

Before: FUENTES, FISHER and GREENBERG, Circuit Judges

(Opinion filed: April 30, 2013)

_________

OPINION

_________

PER CURIAM

In 2010, Dwayne Michael Carter pled guilty in the District Court to one count of 

possession with intent to distribute less than 500 grams of cocaine and one count of 

possession with intent to distribute less than 100 kilograms of marijuana, in violation of 
2

21 U.S.C. §§ 841(a)(1) and (b)(1)(C), as well as one count of possession of a firearm in 

furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). 

Carter was sentenced to a sixty-six month aggregate term of imprisonment followed by 

five years of supervised release. In October 2012, Carter filed a motion under to reduce 

the term of supervised release. The District Court denied Carter’s motion without 

discussion, and he appeals.

1

Title 18 United States Code Section 3583 grants authority to courts to include 

terms of supervised release when sentencing criminal defendants. 18 U.S.C. § 3583(a).

Section 3583(e) provides that a court may revoke, extend, terminate, or modify such a 

term of supervised release. Id. § 3583(e)(1)-(4). More specifically, and relevant here

§ 3583(e)(1) permits a court to reduce the term of a defendant’s supervised release after 

that defendant has completed one year of his or her supervised release. Id. § 3583(e)(1). 

Section 3583(e)(2) also permits courts to “extend a term of supervised release . . . at any 

time prior to the expiration or termination of the term of supervised release.” Id.

§ 3583(e)(2). Thus, courts are permitted to reduce terms of supervised release only under 

the circumstances set forth in § 3583(e)(1). Because Carter is still incarcerated and has 

not completed one year of his supervised release, his motion was premature.2 Carter’s 

 

1 We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.

2 We take no position as to whether any motion to reduce the term of supervised 

release filed after Carter has served one year of supervised release would falls within the 

scope of any appellate waiver included in his plea. See United States v. Wilson, 707 F.3d 

412, 415 n.2 (3d Cir. 2013).
3

arguments regarding § 3583(e)(2) are without merit; although that provision also permits 

courts to modify the conditions of supervised release at any time, it permits only 

extensions of the terms of supervised release, and Carter seeks a reduction. Because 

Carter was ineligible for relief under 18 U.S.C. § 3583(e) at the time he filed his motion,

the District Court correctly denied it. This appeal presents no substantial question, and 

we will summarily affirm. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.