United States v. Bates
United States v. Bates
Opinion
Juwana Bates appeals from the order of the district court revoking her supervised release and sentencing her to twenty months imprisonment. Finding no error, we affirm.
*493 Bates claims that the district court erred in considering her violation conduct as a Grade A violation within the context of U.S. Sentencing Guideline Manual, § 7Bl.l(a)(l) (1990), and contends it should have been considered a Grade B violation. We review a sentence imposed upon revocation of supervised release for abuse of discretion. United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995).
In this case, the district court was authorized to impose a term of imprisonment upon revocation of up to five years, the original term of supervised release, because her original offense was a Class A felony. See 18 U.S.C.A. § 3583(e)(3) (West 1990) (current version at 18 U.S.C.A. § 3583(e)(3) (West 2000 & Supp. 2003)). Moreover, in a revocation proceeding, the sentencing ranges set forth in the guidelines are purely advisory. See Davis 53 F.3d at 642. Accordingly, regardless of whether Bates’ revocation conduct was properly classified as a Grade A or a Grade B violation, the sentence imposed by the district court was not unauthorized.
We affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
Case-law data current through December 31, 2025. Source: CourtListener bulk data.