696
Opinion of the Court
absent some textual bar, revocation of parole's replacement, supervised release, was meant to leave open the possibility of further supervised release, as well. "Revoke" is no such bar, and the Court finds no other. Pp. 703-713.
181 F. 3d 105, affirmed.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined, and in which Kennedy, J., joined in part. Kennedy, J., filed an opinion concurring in part, post, p. 713. Thomas, J., filed an opinion concurring in the judgment, post, p. 715. Scalia, J., filed a dissenting opinion, post, p. 715.
Rita C. LaLumia argued the cause for petitioner. With her on the briefs were Leah J. Prewitt, David F. Ness, Jeffrey T. Green, and Joseph S. Miller.
Paul R. Q. Wolfson argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Richard A. Friedman.*
Justice Souter delivered the opinion of the Court. The issue in this case grows out of an Ex Post Facto Clause challenge to the retroactive application of 18 U. S. C. § 3583(h), which authorizes a district court to impose an additional term of supervised release following the reimprisonment of those who violate the conditions of an initial term. The United States argues that district courts had the power to do so under the prior law, and that this cures any ex post facto problems. We agree with the Government as to the interpretation of prior law, and we find that consideration of the Ex Post Facto Clause is unnecessary.
I
In the Sentencing Reform Act of 1984, § 212(a)(2), 98 Stat. 1999, Congress eliminated most forms of parole in favor of
*Edward M. Chikofsky and Barbara E. Bergman filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging reversal.
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