Criminal Law: Revocation of Supervised Release-Consecutive Sentences-Procedural Error

Defendant appealed from the judgment of sentence imposed following the revocation of his supervised release for possession of firearms and drugs. Defendant argued that the district court committed procedural error by treating a Guidelines references to consecutive sentences as mandatory.

Where the district court’s judgment demonstrated that it understood the Guidelines to be advisory, there was no abuse of sentencing discretion in imposing a within-Guidelines-range sentence.

Judgment is affirmed.

U.S. v. Gray (MLW No. 79571/Case No. 22-1641 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J.