United States v. Jesse James DeMarrias

895 F.3d 570
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 12, 2018
Docket17-2331
StatusPublished
Cited by28 cases

This text of 895 F.3d 570 (United States v. Jesse James DeMarrias) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jesse James DeMarrias, 895 F.3d 570 (8th Cir. 2018).

Opinions

SHEPHERD, Circuit Judge.

*572Jesse James DeMarrias appeals his sentence of a lifetime term of supervised release. We affirm.

I. Background

In March 2010, 21-year-old DeMarrias engaged in sexual acts with a 12-year-old female. He later pled guilty to sexual abuse of a minor in violation of 18 U.S.C. §§ 1153 and 2243(a), and the district court1 sentenced him to 37 months imprisonment to be followed by 10 years of supervised release. His supervised release commenced in May 2013, but was revoked two times: in May 2014, after he assaulted a staff member and was terminated from his placement center, and in May 2015, after he was again terminated from his placement center. Following each revocation, the district court sentenced DeMarrias to 12 months imprisonment and 3 years of supervised release.

In November 2016, DeMarrias admitted to having violated the terms of his supervised release yet a third time by assaulting a police officer. The district court held a revocation hearing on January 5, 2017 ("initial hearing"), in which the court announced its intent to impose a sentence of 24 months imprisonment and 2 years of supervised release. Immediately thereafter, DeMarrias's counsel requested DeMarrias undergo a psychological examination. The district court ordered the Bureau of Prisons to conduct the examination and deferred imposing a sentence until it could consider the results.

The report from the examination diagnosed DeMarrias with personality disorder with borderline antisocial features2 and paraphilic disorder: a condition characterized by abnormal sexual desires that can manifest in deviant sexual behavior. The report found DeMarrias was at "significant risk of recidivism" for deviant behaviors, including sexual behavior with minors. In conclusion, the report stated DeMarrias "should be closely monitored upon release from incarceration," finding his "difficulties are of a characterological and pervasive nature, and will likely prove, [and] have proven, resistant to change."

After receiving the report, the district court held a final revocation hearing on June 12, 2017 ("final hearing"). The court found the report "alarming" and sentenced DeMarrias to 24 months imprisonment and supervised release for life.

II. Discussion

We review a sentence imposed upon revocation of supervised release under *573a "deferential-abuse-of-discretion standard." United States v. Johnson, 827 F.3d 740, 744 (8th Cir. 2016) (internal quotation marks omitted). "This standard requires us first to ensure that the district court committed no significant procedural error and second, if there is no procedural error, to ensure the sentence was substantively reasonable." Id. (internal quotation marks omitted).

Although DeMarrias does not frame his argument as a procedural challenge, he claims, in passing, that the district court failed to consider the 18 U.S.C. § 3553(a) factors and failed to adequately explain its reasoning, both of which constitute procedural errors. United States v. Williams, 624 F.3d 889, 896 (8th Cir. 2010). Thus, out of an abundance of caution, we first consider whether the district court erred procedurally.

When revoking supervised release and imposing a new sentence, a district court should consider the factors set forth in § 3553(a). The court need not, however, "mechanically list every § 3553(a) consideration." United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004). "If it is evident the district court was aware of the relevant factors in imposing the sentence, we may affirm the sentence without specific findings on each factor." Johnson, 827 F.3d at 745.

In addition, the court must "adequately explain the chosen sentence." United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (internal quotation marks omitted). "In explaining the sentence[,] the district court need only 'set forth enough to satisfy the appellate court that [it] has considered the parties' arguments and has a reasoned basis for exercising [its] own legal decisionmaking authority.' " United States v. Moore, 565 F.3d 435, 437 (8th Cir. 2009) (quoting Rita v. United States, 551 U.S. 338, 356, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007) ).

At the initial hearing, the district court explicitly stated it was required to consider the § 3553(a) factors and would do so. There is, then, no doubt the court was aware of the relevant factors. Johnson, 827 F.3d at 745. At the final hearing, the court specifically considered the nature and circumstances of DeMarrias's offense; his criminal history-including his repeated violations of supervised release; his current mental state; and his risk of recidivism. Accordingly, we are satisfied that the court properly considered the § 3553(a) factors. See id. (finding no procedural error where court "considered [defendant's] history, characteristics, and conduct").

We are also satisfied with the district court's explanation of DeMarrias's sentence. At the final hearing, the district court imposed a much longer term of supervised release than first contemplated at the initial hearing.

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Bluebook (online)
895 F.3d 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jesse-james-demarrias-ca8-2018.