United States v. Bruley, No. 20-6078 (10th Cir. 2021)
Annotate this CaseDefendant Malachi Bruley appealed the district court’s order revoking his term of supervised release and sentencing him to 48 months’ imprisonment and two years of supervised release. In 2014, Defendant pled guilty to one count of possession of marijuana with intent to distribute, which carried a statutory maximum sentence of 60 months and a lifetime of supervised release. He also pleaded guilty to one count of being a drug user in possession of a firearm, which was punishable by up to 120 months' imprisonment and three years of supervise release. The district court sentenced Defendant to 42 months’ imprisonment on each count, to run concurrently. In addition, the district court imposed three years of supervised release on each count, to run concurrently. Since his release from prison, Defendant’s supervised release has been revoked twice. On the first revocation, the district court sentenced Defendant to 10 months’ imprisonment on both counts, to run concurrently. The district court also imposed 18 months of supervised release on both counts, to run concurrently. On the second revocation, the one at issue on appeal here, the district court sentenced Defendant to 48 months’ imprisonment: 24 months on each count, to run consecutively. The district court also imposed two years of supervised release but did not specify to which count it applied. Prior to the revocation proceedings, the U.S. Probation Office proposed a set of special conditions for the court to impose as part of Defendant’s supervised release. These included a search condition and substance abuse treatment condition - both of which were imposed during Defendant’s two previous terms of supervised release. At the hearing, the district court announced two of the four special conditions recommended by the Probation Office, but did not announce the search condition or substance abuse treatment condition. Following the hearing, the district court issued a written judgment which imposed the unannounced search condition and substance abuse treatment condition. Finding no reversible error, the Tenth Circuit affirmed the district court's order.
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