United States v. Turner
Opinion of the Court
On February 10, 2011, Jonathan Ashley Turner having pled guilty to conspiracy to possess and sell stolen firearms
The revocation of supervised release is committed to the district court’s sound discretion. United States v. Velasquez Velasquez, 524 F.3d 1248, 1252 (11th Cir. 2008). To revoke a term of supervised release, and require the defendant to serve time in prison, the court must consider the sentencing factors outlined in 18 U.S.C. §§ 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6) and (a)(7). These factors include the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence imposed to deter criminal conduct, the need to protect the public from further crimes of the defendant, and the applicable guideline range. Id. §§ 3553(a)(1), (a)(2)(B)-(D). In the end, the court must impose a sentence that is “sufficient, but not greater than necessary to comply with the purposes” listed in 18 U.S.C. § 3553(a)(2). Id. § 3553(a).
In reviewing a sentence imposed following the revocation of supervised release, we consider the totality of the circumstances and evaluate whether the sentence achieves the sentencing purposes stated in § 3553(a). United States v. Sarras, 575 F.3d 1191, 1219 (11th Cir. 2009). We ordinarily consider reasonable a sentence within the Guidelines sentence range. Id. 575 F.3d at 1219.
The four months’ sentence imposed here is substantively reasonable. The record establishes that the properly court considered the 18 U.S.C. § 3553 factors. In doing so, it was within the court’s discretion to give more weight to Turner’s failed drug tests and refusal to obtain drug treatment than to his financial obligations and successful employment.
AFFIRMED.
. See 18 U.S.C. § 371.
. See 18 U.S.C. § 922(g)(1).
Reference
- Full Case Name
- United States v. Jonathan Ashley TURNER, a.k.a. Big Jay, a.k.a. Big Gooney
- Status
- Published