Criminal Law: Revocation of Supervised Release-Upward Variance-Substantive Reasonableness of Sentence

Defendant was sentenced to 24 months of incarceration following the revocation of his supervised release. Defendant argued that his sentence was substantively unreasonable because the district court varied upward based on speculation that defendant committed an uncharged crime

Where the record demonstrated that the district court did not consider whether defendant had committed an uncharged crime, the district court did not abuse its discretion in varying upward for defendant’s repeated violations of the conditions of his release.

Judgment is affirmed.

U.S. v. Kocher (MLW No. 73671/Case No. 18-1410 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Magnuson, J. (Keala C. Ede, AFPD, of Minneapolis, MN for appellant) (Lisa D. Kirkpatrick, AUSA, of Saint Paul, MN for appellee)