Summary
**Topics:** Supervised release revocation; above-guidelines statutory-maximum sentence; plain error review; reliance on defendant’s prior admissions in same case; adequacy of sentencing explanation. **Holding:** The Fifth Circuit affirmed a 24-month statutory-maximum revocation sentence, finding no plain error. The district court properly relied on the defendant’s admissions from an earlier revocation hearing in the same case, and its explanation—citing the defendant’s history of noncompliance, aggression, and failure to improve—was sufficient to justify an above-guidelines sentence.
Topics
Practice areas
Questions Presented
- Whether the district court erred by relying on unsupported allegations when imposing the revocation sentence.
- Whether the district court erred by failing to adequately explain its above-guidelines revocation sentence.
Holdings
- The district court did not rely on unsupported allegations; the record shows it based the sentence on Peña's current violations and his history of noncompliance, including his own admissions from the earlier revocation hearing.
- The district court's explanation was adequate; it reviewed Peña's supervised release history, noted he had been given multiple chances, and stated that he had 'earned' the 24-month sentence.
Factual background
Peña was convicted of felon in possession of a firearm and sentenced to 60 months' imprisonment and 3 years' supervised release. He began supervised release in April 2016. He repeatedly violated terms: threatening a psychiatrist, failing to take medications, using methamphetamine, failing to pay a special assessment, failing to maintain employment, and failing to attend a cognitive life-skills program. At a March 2017 revocation hearing, Peña admitted the violations and was given another chance. He then violated again by failing a drug test, submitting a diluted test, failing to complete the program, failing to work regularly, and failing to pay the assessment. The district court revoked supervised release and sentenced him to the statutory maximum of 24 months.
Procedural history
Peña pleaded guilty to possession of a firearm by a convicted felon (18 U.S.C. § 922(g)(1)), was sentenced to 60 months' imprisonment and 3 years' supervised release. He began supervised release in April 2016, violated terms multiple times, was given another chance after a March 2017 revocation hearing, then violated again. The district court revoked supervised release and imposed a statutory-maximum sentence of 24 months. Peña appealed.