United States v. Oris L. Morrison
Opinion of the Court
Oris L. Morrison appeals the revocation sentence imposed on him by the .District Court
Given Morrison’s admission that he violated his supervised release, the district court was authorized to revoke his supervision and sentence him to up to 2 years in prison without credit for time served on supervised release, regardless of the recommended Chapter Seven Guidelines revocation range. See 18 U.S.C. § 3583(e)(3); United States v. Shaw, 180 F.3d 920, 922 (8th Cir. 1999) (per curiam) (Chapter 7 serves non-binding, advisory role). We decline Morrison’s invitation to assume that the district court failed to consider the Chapter Seven policy statements: a supplemental presentence report which set forth the recommended revocation range was prepared for the district court before the revocation hearing, and the district court explicitly recognized that it had the option of sentencing Morrison to less than 24 months imprisonment. Further, the district court did not violate due process by considering Morrison’s past criminal conduct and criminal history, see 18 U.S.C. § 3583(e) (before revoking supervised release and imposing sentence, court must
Accordingly, we affirm. We also grant counsel’s motion to withdraw.
. The Honorable Richard H. Battey, United States District Judge for the District of South Dakota.
Dissenting Opinion
dissenting.
I would remand the case to the district court for consideration of the Chapter Seven policy statements, which, I note, appear to recommend a revocation sentence of 6-12 months for Grade C violations and a category IV criminal history.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Oris L. MORRISON, Appellant
- Status
- Unpublished