United States v. Pettis
Opinion of the Court
ORDER
Julius Pettis was working as a government informant in 2007 when he stole
Counsel considers challenging the district court’s decision to revoke Pettis’ supervised release on the ground that his admissions were not knowing and voluntary. See United States v. LeBlanc, 175 F.3d 511, 515 (7th Cir. 1999). But because Pettis does not wish to challenge the revocation on appeal, counsel correctly forgoes any discussion about its validity. See United States v. Wheaton, 610 F.3d 389, 390 (7th Cir. 2010).
Counsel also considers whether Pettis could argue that his term of 24 months is plainly unreasonable. See United States v. Berry, 583 F.3d 1032, 1034 (7th Cir. 2009); United States v. Kizeart, 505 F.3d 672, 674 (7th Cir. 2007). But she appropriately concludes that any challenge would be frivolous because the district court employed the proper methodology to impose the term. See United States v. Neal, 512 F.3d 427, 438-39 (7th Cir. 2008). The court correctly determined that, based on Pettis’ criminal history category of VI and his Grade B violations of the conditions of his supervised release, the guidelines recommend a term of 21 to 27 months’ reimpris-onment. See U.S.S.G. § 7B1.4(a). And the court properly recognized that because Pettis violated 18 U.S.C. § 1001, which carries a maximum term of imprisonment of 5 years, making it a Class D felony, see id. § 3559(a)(4), the statutory maximum term of reimprisonment was 24 months, see id. § 3583(e)(3). Finally the court took into account the sentencing factors in 18 U.S.C. § 3553(a) — in particular, Pettis’ history and characteristics and the nature and circumstances of his offense, see id. § 3553(a)(1), and the need for the sentence imposed, see id. § 3553(a)(2). The court explained that it had considered Pettis’ prior revocation and his “very, very considerable” record and urged him to take advantage of the drug programs available in prison.
We GRANT counsel’s motion to withdraw and DISMISS Pettis’ appeal.
Reference
- Full Case Name
- United States v. Julius PETTIS
- Status
- Published