United States v. Morrow
Opinion of the Court
SUMMARY ORDER
Defendant-Appellant Frank Morrow appeals from the district court’s imposition of a two-year term of imprisonment based on Morrow’s violation of the terms of his supervised release.
[t]he court in determining the particular sentence to be imposed, shall consider—
(1) the nature and circumstances of the offense and the history and characteristics of the defendant; [and]
(2) the need for the sentence imposed—
(B) to afford adequate deterrence to criminal conduct; [and]
(C) to protect the public from further crimes of the defendant....”
United States v. Williams, 443 F.3d 35, 48 (2d Cir. 2006) (quoting 18 U.S.C. § 3553(a)). This list of considerations is not exhaustive. Id. at 47-48. “[A]t revocation the court should sanction primarily the defendant’s breach of trust, while taking into account, to a limited degree, the seriousness of the underlying violation and the criminal history of the violator.” U.S.S.G. Ch. 7, Pt. A (Introduction), ¶ 3(b).
Here, Morrow argues that his sentence of incarceration is substantively unreasonable principally because his violation for possession of stolen property was non-violent and the court relied too heavily on Morrow’s criminal history.
For the reasons stated above, the judgment and sentence of the district court are AFFIRMED.
. "Substantive reasonableness is ... reviewed for abuse of discretion^]” United States v. Desnoyers, 708 F.3d 378, 385 (2d Cir. 2013). Our review for substantive reasonableness provide[s] a backstop for those few cases that, although procedurally collect, would nonetheless damage the administration of justice because the sentence imposed was shockingly high, shockingly low, or otherwise unsupportable as a matter of law.” United States v. Rigas, 583 F.3d 108, 123 (2d Cir. 2009).
. Since Morrow did not present an argument about why the new three-year term of supervised release is substantively unreasonable, we conclude that this issue is abandoned. See Yueqing Zhang v. Gonzales 426 F.3d 540, 545 n. 7 (2d cir. 2005).
Reference
- Full Case Name
- United States v. Frank R. MORROW
- Status
- Published