Edward Garcia appeals his sentence, arguing that it exceeds the statutory maximum because it includes a three-year term of supervised release in addition to a two-year term of imprisonment. The government concedes error. The parties request that this court modify the judgment by vacating the additional term of supervised release and otherwise affirm the sentence.

A district court may revoke a term of supervised release and require a defendant to return to prison. 18 U.S.C. § 3583(e)(3). Where the offense that results in the term of supervised release is a class D felony, as was Garcia’s 2002 drug offense, the defendant may not be required to serve more than two years in prison. M; see 18 U.S.C. § 3559(a)(3); 21 U.S.C. § 841(b)(1)(D).

Under the provision of § 3583(h), as that section provided at the time of Garcia’s drug offense in 2002, the district court was also permitted to impose a term of supervised release to be served after imprisonment, but only where the term of imprisonment was less than the maximum term of imprisonment authorized under § 3583(e)(3). Although § 3583(h) has since been amended; the amendment will not be applied retroactively absent a plain statement that Congress so intended. See Johnson v. United States, 529 U.S. 694, 702-03, 120 S.Ct. 1795, 146 L.Ed.2d 727 (2000).

The parties correctly argue that, because Garcia was sentenced to the maximum term of imprisonment under § 3583(e)(3), the district court was prohibited under the applicable version of § 3583(h) from imposing a subsequent term of supervised release. Accordingly, we MODIFY the judgment by VACATING the three-year term of supervised release, and we AFFIRM the judgment AS MODIFIED.