G LD

- 212 NOT PRECEDENTIAL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 Dist rict 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 c ount 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 of2

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 m otion under to reduc e 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 sentenci ng 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 re duce 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 th e 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 c ompleted one year of his supervised release, his motion was premature. 2 Carter’s

1 We have jurisdiction over this appea l 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, 41 5 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

ex tensions 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 que stion, and
we will summarily affirm. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.