The subtraction requirement in 18 U.S.C. § 3583(h)'s final clause cannot be followed where a defendant is serving a life term of supervised release

 In United States v. Simmons, Appeal No. 22-2485, the Third Circuit resolved an open question regarding 18 U.S.C. § 3583(h)'s subtraction clause. Agreeing with the majority of circuits to consider the issue, the Court held that § 3583(h)'s subtraction requirement cannot be followed where a defendant has a life term of supervision because it is impossible to quantify a life sentence. 

The Court also upheld the district court's re-imposition of a lifetime term of supervised release upon revocation despite the defendant's significant mental health issues.