United States v. McGee

United States Court of Appeals for the Fifth Circuit · May 18, 2021 · No. 20-30586

Summary

**Key Legal Topics:** Supervised release revocation; substantive reasonableness of upward variance; Sex Offender Registration and Notification Act (SORNA); plain error review. **Holding:** The Fifth Circuit affirmed a 24-month revocation sentence (above the 5–11 month guidelines range) as not plainly unreasonable, where the district court properly considered § 3553(a) factors including the defendant's history, deterrence, and public protection. The defendant's disagreement with the court's balancing of those factors did not establish an abuse of discretion.

Holdings

  1. The 24-month revocation sentence is not plainly unreasonable.

Questions Presented

  1. Whether the 24-month revocation sentence is substantively unreasonable.

Disposition

affirmed

Cases Cited (5)

  • United States v. Miller, 634 F.3d 841, 843 (5th Cir. 2011)(followed)
  • United States v. Fuentes, 906 F.3d 322, 325 (5th Cir. 2018)(followed)
  • United States v. Badgett, 957 F.3d 536, 541 (5th Cir.), cert. denied, 141 S. Ct. 827 (2020)(followed)
  • United States v. Warren, 720 F.3d 321, 332 (5th Cir. 2013)(followed)
  • United States v. Kippers, 685 F.3d 491, 500-01 (5th Cir. 2012)(followed)

Court Document

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