Joseph R. GOODWIN, United States District Judge
This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of her proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636 (b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the court deny the petition. Petitioner has timely filed his objections.
Mr. Foye is now serving a 235-month sentence for distribution and possession with intent to distribute cocaine base. His term of imprisonment is to be followed by five years of supervised release. He attacks his sentence based on four grounds: 1) that the district court was barred from considering drug quantities as relevant conduct because they had not been specifically charged in the indictment and proven beyond a reasonable doubt at trial; 2) that he should not have received a two-level enhancement for obstruction of justice; 3) that he should not have received a two-point enhancement in the calculation of his criminal history points for commission of the subject offense within two years of a previous incarceration; and 4) that a five-year period of supervised release is excessive.
Mr. Foye now objects only to the five-year period of supervised release. He argues that because his indictment did not specify drug quantity, 21 U.S.C. § 841 (b)(1)(C) applies, and that statute requires a supervised release term of only three years. Movant is correct that 21 U.S.C. § 841 (b)(1)(C) establishes the penalties for his violation of 21 U.S C. § 841(a) because the indictment did not specify the drug amount. Three years is not the maximum term permitted by section 841(b)(1)(C), however: the statute requires a term of supervised release of "at lease 3 years" 21 U.S.C. § 841 (b)(1)(C); see also United States v. Pratt, 239 F.3d 640, 647 (4th Cir. 2001). Three years is only the minimum term authorized by statute. Pratt, 239 F.3d at 647. Furthermore, contrary to Mr. Foye's assertions, 18 U.S.C. § 3583's maximum terms do not apply where a statute's mandatory minimum term of supervised release is the same as, or exceeds, the terms of § 3583. Id. at 648. Therefore, the court finds that Mr. Foye's five-year term of supervised release was appropriate under 21 U.S.C. § 841(1)(C).
The court adopts the findings and recommendation of the magistrate judge as to the remaining three grounds, and DENIES defendant's motion under 28 U.S.C. § 2255.
The court DIRECTS the Clerk to send a copy of this Order to Magistrate Judge Stanley, counsel of record and any unrepresented party.