United States v. Simpson

27 F. App'x 221
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 19, 2001
DocketNo. 00-4929
StatusPublished
Cited by3 cases

This text of 27 F. App'x 221 (United States v. Simpson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Simpson, 27 F. App'x 221 (4th Cir. 2001).

Opinion

OPINION

PER CURIAM.

Upon revocation of Marc Simpson’s supervised release, which was imposed as part of his sentence for a drug-trafficking conviction, the district court sentenced Simpson to two years imprisonment, followed by three years supervised release. Simpson appeals this sentence, contending that (1) the district court acted vindictively; (2) the amount of the sentence was plainly unreasonable; and (3) the sentence exceeded the length authorized by 18 U.S.C. §§ 3583(e)(3) and 3583(h). For the reasons that follow, we affirm.

I

Pursuant to a plea agreement, Simpson pleaded guilty in 1995 to a criminal information charging him with conspiracy to distribute an unspecified amount of cocaine base, in violation of 21 U.S.C. § 846. In the plea agreement, Simpson waived indictment and acknowledged that he faced a penalty of “not less than 10 years nor more than life ... plus a term of supervised release of at least five years.” After accepting Simpson’s guilty plea, the district court sentenced Simpson to 120 months’ imprisonment and five years supervised release. Pursuant to the government’s Rule 35 motion, filed in recognition of Simpson’s substantial assistance, the term of imprisonment was later reduced to 72 months. Simpson served his term of imprisonment and was released from custody on September 4,1999.

Nine months after his release, Simpson was charged with violating the conditions of supervised release, based on his failure to report as directed, failure to participate in substance abuse treatment, and failure to notify his probation officer of changes in his address. In resolution of the violations, Simpson voluntarily agreed to be placed in a community correction center for 90 days and was released from the center on September 20, 2000.

Approximately two months after his release from the community center, Simpson’s probation officer moved for revocation of Simpson’s supervised release based on his absconding from supervision, falling to report to the probation officer as directed, and failing to submit written reports within the first five days of each month. At the revocation hearing, Simpson’s attorney admitted that Simpson absconded from supervision and that he failed to report to his probation officer on October 24, 2000, stating in explanation that Simpson telephoned his officer on September 26 and November 8, 2000. With respect to the written reports, Simpson admitted that he failed to file the June and September reports, but denied failing to file the August report. When Simpson addressed the court in person, he told the court that he had experienced financial problems, that he had gotten frustrated, and that he was having problems coping. He said also that he did not feel comfortable talking to his probation officer about these problems.

After the court stated that it had considered the policy statements on revocation and it recognized that the range advised by the Sentencing Guidelines was “two to nine months,”

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Bluebook (online)
27 F. App'x 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-simpson-ca4-2001.