United States v. Rodney Sosebee

454 F. App'x 754
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 9, 2011
Docket11-12006
StatusUnpublished

This text of 454 F. App'x 754 (United States v. Rodney Sosebee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Rodney Sosebee, 454 F. App'x 754 (11th Cir. 2011).

Opinion

PER CURIAM:

Rodney Sosebee appeals his sentence of 18 months’ imprisonment and 18 months’ supervised release, which the district court imposed following the revocation of his supervised release, pursuant to 18 U.S.C. § 3583(e)(3). On appeal, Sosebee does not challenge the district court’s finding that he violated his supervised release. Nor does Sosebee argue that his sentence was procedurally unreasonable. His sole challenge on appeal is that the district court imposed a new prison sentence and new supervised release term that were substantively unreasonable. He asserts that his sentence was greater than necessary to promote the aims of sentencing under 18 U.S.C. § 3553(a).

I.

The relevant facts are these. On February 20, 2001, Sosebee was sentenced to 92 months’ imprisonment and 48 months’ supervised release, after he pled guilty to one count of distribution of more than 50 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii). According to the presentence investigation report, Sosebee’s criminal history category was IV. In December 2008, while serving his supervised release term, Sosebee was arrested and charged with theft by shoplifting, obstruction of an officer, and possession of drugs not in the original container. The district court modified Sosebee’s supervised release and imposed a period of 120 days’ home confinement with electronic monitoring.

On April 5, 2011, an amended summons and order to show cause why supervised release should not be revoked (“revocation petition”) was filed by the probation office. This petition alleged the following violations: (1) on March 24, 2011, Sosebee committed the offense of theft by shoplifting when he and an accomplice stole a television and computer from Wal-Mart, in violation of state law; (2) Sosebee failed to attend several drug counseling and treatment sessions from November 2010 through March 2011; and (3) Sosebee associated with two known felons during the theft by shoplifting offense on March 24, 2011.

After a revocation hearing, the district court found that Sosebee had violated the conditions of his supervised release, and subsequently revoked his supervised re *756 lease. Sosebee was sentenced to 18 months’ imprisonment, with the recommendation that he receive drug treatment and placement in a medical facility. In addition, Sosebee was sentenced to 18 months’ supervised release, incorporating all the conditions from his previous judgment and commitment order, including drug treatment. Sosebee objected to the length and reasonableness of the sentence. He also requested the court to reconsider the sentence of 18 months’ supervised release, and the court declined, stating that Sosebee needed supervision until the court knew that he was “under control.”

II.

Under 18 U.S.C. § 3583(e), a district court may, upon finding by a preponderance of the evidence that a defendant has violated a condition of his supervised release, revoke the term of supervised release and impose a term of imprisonment after considering certain 18 U.S.C. § 3553(a) factors. 18 U.S.C. § 3583(e)(3); United States v. Sweeting, 437 F.3d 1105, 1107 (11th Cir.2006). Before imposing a sentence, the district court must consider: (1) the nature and circumstances of the offense; (2) the history and characteristics of the defendant; (3) the need for the sentence to afford adequate deterrence to criminal conduct, protect the.public from further crimes of the defendant, and provide the defendant with needed educational or vocational training, medical care, or other correctional treatment; (4) the kinds of sentences available; (5) any pertinent policy statements; (6) the need to avoid unwarranted sentencing disparities; and (7) the need to provide restitution to victims. See 18 U.S.C. § 3583(e) (cross-referencing the 18 U.S.C. § 3553(a) factors to consider when modifying or revoking a term of supervised release).

In addition to the district court’s authority to impose a new prison term after revoking a defendant’s supervised release, the court may also impose a new term of supervised release after imprisonment. 18 U.S.C. § 3583(e), (h); United States v. Pla, 345 F.3d 1312, 1314 (11th Cir.2003). The length of the new supervised release term cannot exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release minus any imprisonment imposed upon revocation of supervised release. 18 U.S.C. § 3583(h).

We review a sentence imposed upon revocation of supervised release for reasonableness. United States v. Velasquez Velasquez, 524 F.3d 1248, 1252 (11th Cir.2008). “[A] sentence may be reviewed for procedural or substantive unreasonableness.” United States v. Ellisor, 522 F.3d 1255, 1273 (11th Cir.2008) (quotation omitted). We review both the procedural and substantive reasonableness of a sentence for an abuse of discretion. Id. at 1273 n. 25. The party challenging the sentence has the burden of establishing that the sentence was unreasonable in light of the record and the 18 U.S.C. § 3553(a) factors. United States v. Talley, 431 F.3d 784, 788 (11th Cir.2005).

In reviewing the reasonableness of a sentence for abuse of discretion, we use a two-step process. United States v. Tome, 611 F.3d 1371, 1378 (11th Cir.), cert. denied, — U.S. -, 131 S.Ct. 674, 178 L.Ed.2d 502 (2010). We look first at whether the district court committed any significant procedural errors, and then at whether the sentence is substantively reasonable under the totality of the circumstances. Id. Although we do not automatically deem a sentence falling within the guidelines range to be reasonable, we ordinarily expect such a sentence to be reasonable. Talley, 431 F.3d at 788. ‘We may

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Related

United States v. John Kevin Talley
431 F.3d 784 (Eleventh Circuit, 2005)
United States v. Ashanti Sweeting
437 F.3d 1105 (Eleventh Circuit, 2006)
United States v. Pugh
515 F.3d 1179 (Eleventh Circuit, 2008)
United States v. Velasquez Velasquez
524 F.3d 1248 (Eleventh Circuit, 2008)
United States v. Ellisor
522 F.3d 1255 (Eleventh Circuit, 2008)
United States v. Tome
611 F.3d 1371 (Eleventh Circuit, 2010)
United States v. Irey
612 F.3d 1160 (Eleventh Circuit, 2010)
United States v. Bradley
644 F.3d 1213 (Eleventh Circuit, 2011)
United States v. Brian Pla
345 F.3d 1312 (Eleventh Circuit, 2003)

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454 F. App'x 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodney-sosebee-ca11-2011.