United States v. Fleetwood, No. 14-3567 (8th Cir. 2015)
Annotate this CaseAfter Fleetwood admitted, through counsel, to violating conditions of the supervised release he was serving for failing to register as a sex offender, 18 U.S.C. 2250, the district court revoked Fleetwood’s supervised release and sentenced him to 12 months imprisonment to be served—as Fleetwood requested—concurrently with his state sentence for assaulting two police officers. At Fleetwood’s revocation hearing, the district court addressed Fleetwood directly only to advise him of his right to appeal. Fleetwood never spoke. The Eighth Circuit affirmed. Having essentially received the sentence he requested, Fleetwood has failed to present any evidence on appeal “prov[ing] a reasonable probability that he would have received a lighter sentence,” if the district court had asked him to make a personal statement before sentencing. Fleetwood failed “to set forth what he would have said to the district court prior to sentencing that might have mitigated his sentence.”
Court Description: Riley, Author, with Murphy and Melloy, Circuit Judges] Criminal case - Sentencing. Even if the court assumes that the district court erred in failing to address defendant personally and offer him an opportunity to make a statement before imposing a revocation sentence and that such a requirement was clear under current law, defendant was still not entitled to any relief under a plain error analysis as he could not show the error affected his substantial rights or seriously affected the fairness, integrity or reputation of the proceedings. Judge Murphy, concurring.
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