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Tag Archives: Revocation of Supervised Release

Criminal Law: Manufacture of Controlled Substance-Revocation of Supervised Release-Mootness

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 ...

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Criminal Law: Revocation of Supervised Release-Violation of Condition-False Statements to Probation Officer

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 ...

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Criminal Law: Revocation of Supervised Release-Above-Guidelines Sentence-Reasonableness of Sentence

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 ...

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Criminal Law: Revocation of Supervised Release-Guidelines-Range Sentence-Substantive Reasonableness of Sentence

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 ...

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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 ...

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Criminal Law: Revocation of Supervised Release-Sentence of Imprisonment-Statutory Maximum

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 ...

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Criminal Law: Revocation of Supervised Release-Positive Drug-Test Patch-Sufficiency of Evidence

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 ...

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Criminal Law: Revocation of Supervised Release-Consideration of Sentencing Factors-Within-Guidelines Sentence

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 ...

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Criminal Law: Revocation of Supervised Release-New Drug Offense-Substantive Reasonableness of 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 ...

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Criminal Law: Revocation of Supervised Release-Sufficiency of Evidence-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 ...

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