United States v. William Gaston
This text of United States v. William Gaston (United States v. William Gaston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT RECOMMENDED FOR PUBLICATION File Name: 26a0281n.06
Case No. 25-6044 FILED UNITED STATES COURT OF APPEALS Jun 29, 2026 FOR THE SIXTH CIRCUIT KELLY L. STEPHENS, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff - Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR THE ) EASTERN DISTRICT OF KENTUCKY WILLIAM GASTON, ) Defendant - Appellant. ) OPINION )
Before: CLAY, GIBBONS, and BLOOMEKATZ, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. The district court revoked Defendant-Appellant
William Gaston’s supervised release and sentenced him to a within-Guidelines sentence of
33 months. Gaston now appeals, arguing that his sentence is substantively unreasonable because
the district court did not give sufficient weight to his mitigating factors. We affirm the district
court’s sentence.
I.
In 1990, William Gaston pled guilty to armed bank robbery in the Eastern District of
Kentucky. He was sentenced to 240 months’ imprisonment followed by five years of supervised
release. The terms of Gaston’s supervised release prohibited him from leaving the Eastern District
of Kentucky without permission from the court or his probation officer, committing another state,
local, or federal crime, and possessing a firearm.
Gaston was released from prison in September 2008. About a year into his period of
supervised release, Gaston was arrested in Florida and charged with armed home invasion robbery No. 25-6044, United States v. Gaston
with a firearm, armed occupied burglary with a battery, and armed kidnapping. Gaston admitted
to police that he went to Florida in August 2009 to visit his mother and, while there, reconnected
with an individual with whom he served in federal prison. The duo contemplated “the possibility
of robbing drug dealers.” DE 271, Violation Rep. Add. (Sealed), Page ID 27. Gaston then returned
to Kentucky, at which time he purchased two firearms. The next month, Gaston and a different
companion traveled back to Florida with plans to rob a residence they believed to be a “stash
house” that had “a large amount of money for a lot of narcotics transactions” inside. Id. at 30.
Posing as FedEx employees, the pair approached a man standing outside the residence and forced
their way into the premises. Then, they pistol whipped the man and tied up the other occupants in
the residence. They soon realized, however, that they were in the wrong home and apologized to
the group. Police arrived shortly thereafter and arrested Gaston.
In September 2009, after the United States Probation Office received notice of Gaston’s
Florida charges, the district court issued a warrant for Gaston’s arrest for violating his conditions
of supervision. In October 2011, Gaston pled guilty to his Florida charges and was sentenced to
eighteen years’ imprisonment followed by four years of probation. In October 2025, Gaston
completed his Florida sentence and was subsequently transferred to the Eastern District of
Kentucky pursuant to his 2009 warrant. The Guidelines range for Gaston’s supervised release
violations was 33 to 36 months’ imprisonment.
At his revocation hearing, Gaston admitted to each of the violations. Notwithstanding his
admission, Gaston asked the court to grant him a below-Guidelines sentence. Specifically, he
highlighted his advanced age of 71 and the more than 40 years he had already spent in federal and
state prisons. Gaston, a Cuban national who came to the United States at age 11, also expressed
fear that he might be deported to Mexico—because his home country of Cuba may not accept
-2- No. 25-6044, United States v. Gaston
him—or that the United States Immigration and Customs Enforcement would hold him for an
indefinite amount of time. After calculating Gaston’s Guidelines range, the district court
considered the relevant sentencing factors. 18 U.S.C. § 3553(a). While the court noted Gaston’s
mitigation arguments, it ultimately emphasized that he committed a “very serious breach of the
Court’s trust.” DE 285, Rev. Hr. Tr., Page ID 97. Thus, the district court sentenced Gaston to a
within-Guidelines sentence of 33 months’ imprisonment. Gaston timely appealed the district
II.
We review revocation of supervised release sentences under the same abuse of discretion
standard that we apply to sentences imposed after conviction. United States v. Bolds, 511 F.3d
568, 575 (6th Cir. 2007). A defendant’s challenge to a sentence’s substantive reasonableness
concerns whether the sentence is “too long” because “the court placed too much weight on some
of the § 3553(a) factors and too little on others in sentencing the individual.” United States
v. Rayyan, 885 F.3d 436, 442 (6th Cir. 2018). We apply a rebuttable presumption that a
within-Guidelines sentence is substantively reasonable. United States v. Florence, 163 F.4th 1017,
1028 (6th Cir. 2026).
Gaston argues that the district court’s sentence was substantively unreasonable because it
failed to give sufficient weight to “his advanced age,” “immigration status,” and “the length of the
sentence he had already served on his Florida . . . conviction.” CA6 R. 15, Appellant Br., at 9;
CA6 R. 18, Reply Br., at 1. We disagree.
Here, the district court properly calculated the applicable Guidelines range and discussed
the relevant § 3553(a) factors, including the nature and circumstances of the offense and Gaston’s
history and personal characteristics. Moreover, as Gaston acknowledges, the district court
-3- No. 25-6044, United States v. Gaston
“considered, but rejected, [his mitigating] evidence” as grounds to vary “below the recommended
Guidelines range.” CA6 R. 15, Appellant Br., at 8. Indeed, the court explicitly discussed Gaston’s
advanced age, his lengthy term of imprisonment for his Florida offense, and that he is “likely to
be deported at some point.” DE 285, Rev. Hr. Tr., Page ID 97. Nonetheless, the district court also
emphasized that Gaston committed “a significant, very serious breach of the Court’s trust” when
he “stopped reporting” to the court, “went to Florida,” “possessed guns,” “committed these
offenses[,] and served a lengthy prison sentence.” Id. at 96–97. And the court noted that “all three
of [Gaston’s] violations [were] very serious,” with “[t]wo of them [being] grade A violations,
which [are] the most serious [the court] see[s].” Id. at 97. The district court was thus well within
its discretion to more heavily weigh “the seriousness of [Gaston’s] violation when determining
how to sanction that breach of trust.” United States v. Williams, 169 F.4th 727, 731 (6th Cir.
2026); see also United States v. Patterson, 158 F.4th 700, 703–04 (6th Cir. 2025).
Gaston’s substantive reasonableness challenge ultimately rests on “an assertion that the
district court should have balanced the § 3553(a) factors differently.” United States v. West,
962 F.3d 183, 191 (6th Cir. 2020) (citation modified). But declining to use Gaston’s preferred
weighing of the factors does not constitute an abuse of discretion. See United States v. Gardner,
32 F.4th 504, 530–32 (6th Cir. 2022). And to the extent Gaston argues that the district court should
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