United States v. Lee
United States v. Lee
Opinion of the Court
Kash Lee appeals the sentence he received when his supervised release was revoked. He faults the district court for not addressing what he now characterizes as his principal argument in mitigation: that a longer sentence would unjustifiably subject him to harsher treatment than similarly situated defendants. But Lee did not make this argument in the district court, so the district court had no obligation to address it. Lee also complains that the district court failed to fill out a form stating the reasons for his sentence. It is not clear that a district court has an obligation to fill out such a form when revoking supervised release. Even if it does, however, Lee suffered no prejudice *872from the district court's failure to complete this administrative task.
I.
Kash Lee was sentenced to life imprisonment and ten years of supervised release for several drug-trafficking convictions. His term of imprisonment was reduced to 312 months in prison in return for his substantial assistance to the government, and it was later reduced still further-to 112 months-because of a retroactive change in the Sentencing Guidelines. After he was discharged from prison, he moved to Iowa, where he began serving his term of supervised release.
But Lee did not adopt a law-abiding lifestyle. He violated conditions of his supervised release by missing numerous scheduled drug tests and meetings with his probation officer. And more seriously, he battered his girlfriend, Delisa Roland, by chasing her down a flight of stairs and repeatedly kicking her after she fell. Lee fled, but he was ultimately arrested. He then called several friends and relatives from jail, cajoling them to get Roland to change her story. Roland testified anyway, and the district court found that Lee had violated the conditions of his supervised release by battering her and by missing required appointments with his probation officer.
At sentencing, the government argued for three years' imprisonment, while Lee argued for no more than a year and a day. He made several arguments in favor of the shorter sentence, but only one is at issue in this appeal: that using the federal revocation proceedings to punish him for the battery would be "the tail wagging the dog." Lee pointed out that the battery was "a state court misdemeanor in Scott County," and a misdemeanor "under Iowa law can't get more than a year." If the matter were "handled in the state court system," Lee argued, the court "probably would have made both parties go to counseling, get treatment to try to repair the family unit." Instead, the government had gone "full-bore litigation for a Grade C violation, a misdemeanor," and was seeking three years' imprisonment even though the Guidelines range was eight to fourteen months.
The district court sentenced Roland to 30 months' imprisonment and six years of supervised release. It justified that sentence by recounting Lee's numerous violations of supervised release leading up to his attack on Roland, by crediting Roland's account of Lee's battery, and by acknowledging the need to deter further criminal conduct and protect the public. Lee appeals that sentence.
II.
Under our decision in United States v. Cunningham , a district court imposing a sentence must address a criminal defendant's "principal" arguments in mitigation unless they are "so weak as not to merit discussion."
*873a district court need not offer a reason for rejecting every one of the defendant's contentions. United States v. Martinez ,
Lee claims that the district court violated Cunningham by ignoring one of his principal arguments in mitigation. When it imposes a sentence, the district court must consider a set of statutory factors, including "the need to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct." See
The problem is that Lee did not make an "unwarranted disparities" argument, so he did not trigger the district court's duty under Cunningham . At sentencing, Lee contended that he would face only a one-year sentence if he were being prosecuted in state court for domestic battery; he also asserted (apparently without evidence) that such a prosecution would "probably" just result in his being sent to counseling. This is certainly an argument that the worst of his offenses was not serious enough to justify a higher sentence. But it is not an argument that an above-Guidelines sentence would create a disparity "among defendants with similar records who have been found guilty of similar conduct ," and that such a disparity would be unwarranted. United States v. Durham ,
III.
Lee next asks that we perform a limited remand to require the district court to file a written statement of reasons. When a district court sentences a criminal defendant, it must announce "the reasons for its imposition of the particular sentence" in open court, including, if applicable, an explanation of why the district court chose a sentence outside of the range recommended by the Sentencing Guidelines.
It is unclear whether the statute requires the form when a court revokes supervised *874release. The Eleventh Circuit has said that it does, United States v. Parks ,
Lee has suffered no prejudice from the lack of a written statement of reasons, because the district court's oral explanation was sufficient. A district court must explain its sentence so that a reviewing court can evaluate the adequacy of its rationale. See Chavez-Meza ,
This approach makes sense, because the written statement of reasons is not a procedural safeguard for the defendant; rather, it serves a record-keeping function for the Sentencing Commission. Jackson ,
Because the form is a means of collecting data for the Commission, a defendant ordinarily suffers no harm when a sufficiently explained sentence fails to generate a written statement of reasons.
*875True, the requirements of § 994(w)(1)(B) are designed to benefit criminal defendants generally by helping the Commission improve sentencing practices. But a criminal defendant is not harmed by the omission of his sentence from the aggregate data the Commission uses to analyze the system. Absent identifiable prejudice to the defendant, a district court's failure to file the form is not itself grounds for vacating and remanding the sentence to the district court.
* * *
The district court's judgment is AFFIRMED.
Straining to identify some other harm he might suffer from the absence of the form, Lee claims that a written statement of reasons "helps ... the Bureau of Prisons determine [his] access to programs and treatment during his incarceration." But Lee has not asserted that he is eligible for such programs and treatment during his incarceration, let alone that the lack of a written statement of reasons will impede his access to them.
Reference
- Full Case Name
- United States v. Kash Deshawn LEE
- Cited By
- 6 cases
- Status
- Published