Defendant was sentenced to imprisonment and supervised release after pleading guilty to drug and firearm charges. While on supervised release, defendant admitted to violating the conditions of his release. The district court revoked defendant’s release and sentenced him to further ...

Tagged with: Manufacture of Controlled Substance mootness Revocation of Supervised Release

Defendant’s supervised release was revoked for possession of a firearm. Defendant was also subjected to federal charges for the same conduct that led to revocation of his supervised release. On appeal, defendant argued that the district court erred in failing ...

Tagged with: Dismissal of Indictment Double Jeopardy Revocation of Supervised Release

Defendant appealed from the revocation of his supervised release, which the district court ordered after finding defendant had lied to his probation officer. As a condition of his supervised release, defendant was required to seek permission from his probation officer ...

Tagged with: False Statements to Probation Officer Revocation of Supervised Release Violation of Condition

Defendant appealed from her above-guidelines sentence entered after the district court revoked her supervised release. Where the district court properly considered the statutory sentencing factors, it did not abuse its discretion in sentencing defendant. Judgment is affirmed. U.S. v. Caballero ...

Tagged with: Above-Guidelines Sentence Reasonableness of Sentence Revocation of Supervised Release

Defendant appealed the guidelines-range sentence imposed by the district court after it revoked defendant’s supervised release. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court properly considered all statutory sentencing factors, it did not impose ...

Tagged with: Guidelines-Range Sentence Revocation of Supervised Release 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 ...

Tagged with: Revocation of Supervised Release Substantive Reasonableness of Sentence Upward Variance

Defendant appealed from a two-year prison sentence imposed following the revocation of his supervised release. On appeal, defendant argued that his sentence exceeded the statutory maximum. Where the district court was not obligated to consider or aggregate a prior revocation ...

Tagged with: Revocation of Supervised Release Sentence of Imprisonment Statutory Maximum

The district court revoked defendant’s supervised release after his sweat patches tested positive for amphetamine, methamphetamine and cocaine usage. The district court heard expert toxicology testimony concluding that the patch results reflected new drug use rather than residual drug in ...

Tagged with: Positive Drug-Test Patch Revocation of Supervised Release Sufficiency Of Evidence

Defendant appealed from the district court’s judgment of sentence entered after it revoked defendant’s supervised release. Where the district court considered all of the sentencing factors and imposed a within-guidelines sentence, the court affirmed the judgment of sentence. Judgment is ...

Tagged with: Consideration of Sentencing Factors Revocation of Supervised Release Within-Guidelines Sentence

Defendant appealed the revocation sentence imposed by the district court after finding defendant violated the terms of his supervised release. Defendant further appealed from the sentence imposed after he pleaded guilty to a new drug offense. On appeal, defendant challenged ...

Tagged with: New Drug Offense Revocation of Supervised Release Substantive Reasonableness of Sentence

  Defendant appealed the revocation of his supervised release, arguing that the evidence was insufficient to find that he violated his release conditions by committing an assault, and that his sentence was substantively unreasonable. Where record supported, by a preponderance ...

Tagged with: Criminal Law Revocation of Supervised Release Substantive Reasonableness of Sentence Sufficiency Of Evidence