United States v. Robin Lynn Vance Geer

Summary

Supervised release revocation; substantive reasonableness of statutory maximum sentence. The Fifth Circuit affirmed a 60-month sentence imposed after the fifth revocation of supervised release, holding that the district court permissibly considered the defendant's history, characteristics, need for deterrence, and breach of trust—not impermissible retributive factors under 18 U.S.C. § 3553(a)(2)(A). The sentence was substantively reasonable under the plainly-unreasonable standard, even though it exceeded the advisory guidelines range of 8–14 months, because it was within the statutory maximum and supported by the totality of circumstances.

Holdings

1. The contention is unfounded; the record shows the court based the sentence on permissible considerations such as Geer's history and characteristics, the need for deterrence, and his breach of the court's trust.
2. The sentence is substantively reasonable.

Questions Presented

1. Whether the district court imposed a retributive sentence based on impermissible sentencing factors under 18 U.S.C. § 3553(a)(2)(A)
2. Whether the sentence is substantively unreasonable

Disposition

affirmed