NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________
No. 23-2755 ______________
UNITED STATES OF AMERICA
v.
JOSEPH ABBINANTI, Appellant ______________
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 2:17-cr-00234-001) U.S. District Judge: Honorable Cathy Bissoon ______________
Submitted Under Third Circuit L.A.R. 34.1(a) January 27, 2025 ______________
Before: SHWARTZ, KRAUSE, and PORTER, Circuit Judges.
(Filed: January 28, 2025) ______________
OPINION * ______________
* This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. SHWARTZ, Circuit Judge.
Joseph Abbinanti appeals the sentence imposed for violating the conditions of his
supervised release. Because the sentence was substantively reasonable, we will affirm.
I
Abbinanti pled guilty to bank robbery and was sentenced to sixty months’
imprisonment, followed by three years’ supervised release. 1 Approximately six months
after he commenced his supervised release, Abbinanti (1) left a court-ordered drug
treatment facility where he had showed “signs of relapse,” App. 31, (2) was fired from
his job for poor performance, and (3) failed to respond to his probation officer’s repeated
attempts to contact him. Based on these facts, the probation officer petitioned the District
Court to revoke Abbinanti’s supervised release. The petition was later withdrawn
without prejudice to enable Abbinanti to come into compliance with his release
conditions.
Thereafter, Abbinanti (1) was fired from another job for failing to report to work,
(2) was discharged from a substance abuse program for not attending appointments, (3)
failed to schedule a required mental health assessment, (4) missed an appointment with
his probation officer, and (5) was unreachable when the officer tried to contact him.
Abbinanti also was terminated from a third job due to “poor attendance and disruptive
1 Abbinanti’s supervised release included conditions such as (1) working full-time unless his probation officer excused him from doing so, (2) participating in a drug testing program and a mental health assessment, (3) reporting to his probation officer, (4) following his probation officer’s instructions, (5) living in an approved place, and (6) not committing another crime. 2 outbursts.” App. 34. Based on this conduct and the conduct alleged in the first petition,
the probation officer petitioned the District Court to revoke Abbinanti’s supervised
release.
A few months later, Abbinanti pled guilty to state charges for resisting arrest,
reckless endangerment, and simple assault on his then-girlfriend. The probation officer
filed a supplemental petition detailing Abbinanti’s crimes, noting he posed “a risk to
public safety.” App. 48.
The District Court thereafter held a revocation hearing. During the hearing,
Abbinanti admitted to the Grade B violation for committing crimes while on supervised
release and the Grade C violations arising from his failure to comply with the release
conditions requiring him to (1) work full-time, (2) participate in drug testing and a mental
health assessment, (3) report to his probation officer, (4) follow his probation officer’s
instructions, and (5) live at an approved location. 2 Based on his Grade B violation and
criminal history category of V, the Court calculated the Sentencing Guidelines range as
18 to 24 months. 3
Abbinanti requested a downward variance to accommodate his need for mental
health and substance abuse treatment. Abbinanti testified that the probation-approved
2 Grade A violations include conduct constituting felony crimes of violence, drug, or firearm offenses, Grade B violations include conduct constituting other felony offenses, and Grade C violations include violations of any other condition of supervision. U.S.S.G. § 7B1.1(a)(1)-(3). 3 Where, as here, “there is more than one violation of the conditions of supervision,” “the grade of the violation is determined by the violation having the most serious grade.” U.S.S.G. § 7B1.1(b). The District Court accordingly considered Abbinanti’s Grade B violation in calculating the Sentencing Guidelines range. 3 treatment program required him to report during work hours and that he sought
alternative programs. The District Court declined to grant the variance, explaining in part
that even if the probation-approved program might have conflicted with his ability to
work, he may not “decide for [himself] that [he was] not going to go to it” or “go to some
program that better fit[] [his] schedule.” App. 79.
The Court then considered the nature and circumstances of Abbinanti’s offense,
his history and characteristics, as well as the need for deterrence and to protect the public,
and sentenced him to eighteen months’ imprisonment, followed by eighteen months’
supervised release. The Court recommended that Abbinanti participate in substance
abuse and mental health treatment programs while in prison and required him to
participate in similar programs upon release.
Abbinanti appeals.
II 4
Abbinanti challenges the substantive reasonableness of his sentence, asserting that
it does not adequately account for his need for mental health and substance abuse
treatment. Two considerations guide our review. First, we “presume that a sentence
within the advisory Guidelines is reasonable.” United States v. Handerhan, 739 F.3d 114,
124 (3d Cir. 2014). Second, a sentence is substantively unreasonable if “no reasonable
sentencing court would have imposed the same sentence on that particular defendant for
4 The District Court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We review a sentence’s substantive reasonableness for abuse of discretion. United States v. Azcona- Polanco, 865 F.3d 148, 151 (3d Cir. 2017). 4 the reasons the district court provided.” United States v. Tomko, 562 F.3d 558, 568 (3d
Cir. 2009) (en banc).
Both considerations show that Abbinanti’s sentence was substantively reasonable.
First, Abbinanti received a sentence at the bottom of the Guidelines range, and nothing in
the record causes us to question that his sentence is presumptively reasonable. See
Handerhan, 739 F.3d at 124. Abbinanti violated various release conditions, including
failing to (1) remain employed, (2) participate in drug testing and mental health
programs, and (3) respond to his probation officer. He also committed other crimes while
on release. In explaining Abbinanti’s sentence, the District Court noted his “many, many
violations,” expressed concern about his behavior, explained that his criminal history
category of V was “high,” and stated that there was a need to deter Abbinanti and protect
the public from future crimes. App. 80.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________
No. 23-2755 ______________
UNITED STATES OF AMERICA
v.
JOSEPH ABBINANTI, Appellant ______________
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 2:17-cr-00234-001) U.S. District Judge: Honorable Cathy Bissoon ______________
Submitted Under Third Circuit L.A.R. 34.1(a) January 27, 2025 ______________
Before: SHWARTZ, KRAUSE, and PORTER, Circuit Judges.
(Filed: January 28, 2025) ______________
OPINION * ______________
* This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. SHWARTZ, Circuit Judge.
Joseph Abbinanti appeals the sentence imposed for violating the conditions of his
supervised release. Because the sentence was substantively reasonable, we will affirm.
I
Abbinanti pled guilty to bank robbery and was sentenced to sixty months’
imprisonment, followed by three years’ supervised release. 1 Approximately six months
after he commenced his supervised release, Abbinanti (1) left a court-ordered drug
treatment facility where he had showed “signs of relapse,” App. 31, (2) was fired from
his job for poor performance, and (3) failed to respond to his probation officer’s repeated
attempts to contact him. Based on these facts, the probation officer petitioned the District
Court to revoke Abbinanti’s supervised release. The petition was later withdrawn
without prejudice to enable Abbinanti to come into compliance with his release
conditions.
Thereafter, Abbinanti (1) was fired from another job for failing to report to work,
(2) was discharged from a substance abuse program for not attending appointments, (3)
failed to schedule a required mental health assessment, (4) missed an appointment with
his probation officer, and (5) was unreachable when the officer tried to contact him.
Abbinanti also was terminated from a third job due to “poor attendance and disruptive
1 Abbinanti’s supervised release included conditions such as (1) working full-time unless his probation officer excused him from doing so, (2) participating in a drug testing program and a mental health assessment, (3) reporting to his probation officer, (4) following his probation officer’s instructions, (5) living in an approved place, and (6) not committing another crime. 2 outbursts.” App. 34. Based on this conduct and the conduct alleged in the first petition,
the probation officer petitioned the District Court to revoke Abbinanti’s supervised
release.
A few months later, Abbinanti pled guilty to state charges for resisting arrest,
reckless endangerment, and simple assault on his then-girlfriend. The probation officer
filed a supplemental petition detailing Abbinanti’s crimes, noting he posed “a risk to
public safety.” App. 48.
The District Court thereafter held a revocation hearing. During the hearing,
Abbinanti admitted to the Grade B violation for committing crimes while on supervised
release and the Grade C violations arising from his failure to comply with the release
conditions requiring him to (1) work full-time, (2) participate in drug testing and a mental
health assessment, (3) report to his probation officer, (4) follow his probation officer’s
instructions, and (5) live at an approved location. 2 Based on his Grade B violation and
criminal history category of V, the Court calculated the Sentencing Guidelines range as
18 to 24 months. 3
Abbinanti requested a downward variance to accommodate his need for mental
health and substance abuse treatment. Abbinanti testified that the probation-approved
2 Grade A violations include conduct constituting felony crimes of violence, drug, or firearm offenses, Grade B violations include conduct constituting other felony offenses, and Grade C violations include violations of any other condition of supervision. U.S.S.G. § 7B1.1(a)(1)-(3). 3 Where, as here, “there is more than one violation of the conditions of supervision,” “the grade of the violation is determined by the violation having the most serious grade.” U.S.S.G. § 7B1.1(b). The District Court accordingly considered Abbinanti’s Grade B violation in calculating the Sentencing Guidelines range. 3 treatment program required him to report during work hours and that he sought
alternative programs. The District Court declined to grant the variance, explaining in part
that even if the probation-approved program might have conflicted with his ability to
work, he may not “decide for [himself] that [he was] not going to go to it” or “go to some
program that better fit[] [his] schedule.” App. 79.
The Court then considered the nature and circumstances of Abbinanti’s offense,
his history and characteristics, as well as the need for deterrence and to protect the public,
and sentenced him to eighteen months’ imprisonment, followed by eighteen months’
supervised release. The Court recommended that Abbinanti participate in substance
abuse and mental health treatment programs while in prison and required him to
participate in similar programs upon release.
Abbinanti appeals.
II 4
Abbinanti challenges the substantive reasonableness of his sentence, asserting that
it does not adequately account for his need for mental health and substance abuse
treatment. Two considerations guide our review. First, we “presume that a sentence
within the advisory Guidelines is reasonable.” United States v. Handerhan, 739 F.3d 114,
124 (3d Cir. 2014). Second, a sentence is substantively unreasonable if “no reasonable
sentencing court would have imposed the same sentence on that particular defendant for
4 The District Court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We review a sentence’s substantive reasonableness for abuse of discretion. United States v. Azcona- Polanco, 865 F.3d 148, 151 (3d Cir. 2017). 4 the reasons the district court provided.” United States v. Tomko, 562 F.3d 558, 568 (3d
Cir. 2009) (en banc).
Both considerations show that Abbinanti’s sentence was substantively reasonable.
First, Abbinanti received a sentence at the bottom of the Guidelines range, and nothing in
the record causes us to question that his sentence is presumptively reasonable. See
Handerhan, 739 F.3d at 124. Abbinanti violated various release conditions, including
failing to (1) remain employed, (2) participate in drug testing and mental health
programs, and (3) respond to his probation officer. He also committed other crimes while
on release. In explaining Abbinanti’s sentence, the District Court noted his “many, many
violations,” expressed concern about his behavior, explained that his criminal history
category of V was “high,” and stated that there was a need to deter Abbinanti and protect
the public from future crimes. App. 80.
Second, for the same reasons, we cannot say that no reasonable sentencing court
would have imposed the sentence here. See Tomko, 562 F.3d at 568. Abbinanti’s
sentence appropriately (1) sanctioned him for breaching the District Court’s trust when he
violated various release conditions and (2) accounted for his criminal history and criminal
conduct while on release. See United States v. Dees, 467 F.3d 847, 853 (3d Cir. 2006)
(holding that courts imposing sentences for supervised release violations may consider a
defendant’s breach of trust, and to a limited degree, the seriousness of his underlying
violations and criminal history).
Moreover, contrary to Abbinanti’s claims, the District Court adequately addressed
his need for mental health and substance abuse treatment. The Court acknowledged
5 Abbinanti’s concern that his treatment obligations might have conflicted with his ability
to work, but as the Court explained, that did not mean he could simply choose not to
receive treatment or pick a program better suited to his schedule. The Court also
recognized his treatment needs by (1) recommending that he participate in substance
abuse and mental health treatment while in prison and (2) requiring similar treatment
upon release. Even if the District Court did not give Abbinanti’s concerns the weight he
believes they deserve, that “does not render [his] sentence unreasonable.” United States
v. Simmons, 69 F.4th 91, 96 (3d Cir. 2023) (alteration in original).
For these reasons, Abbinanti’s sentence was substantively reasonable.
III
For the foregoing reasons, we will affirm.