United States v. Kimball, No. 15-2214 (8th Cir. 2016)
Annotate this CaseDefendant appealed the district court's revocation of his supervised release and sentence of 8 months in prison followed by 4 years of supervised release. The court concluded that defendant admitted to violating rules of the reentry center, and the district court did not abuse its discretion in rejecting his justification for his actions; the district court permissibly found defendant received and signed a copy of the facility’s rules; the district court did not abuse its discretion in revoking his supervision where the district court found that defendant expressed a stubborn unwillingness to comply with the conditions of his supervised release; defendant's within-Guidelines sentence was not substantively unreasonable; the district court did not abuse its discretion by imposing a sentence within the range recommended by the Sentencing Commission for a typical revocation offender; and it was not plain error for the district court to require defendant to reside at such a center again in the hope of better performance after his renewed incarceration. Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, with Shepherd, Circuit Judge, and Bough, District Judge] Criminal case - Criminal law and sentencing. The district court did not err in finding defendant had violated his supervision by violating the rules and procedures at a reentry center; defendant's behavior, while not a violation of law, showed a persuasive unwillingness to follow his rehabilitative program and justified revocation; sentence imposed was not substantively unreasonable; it was not plain error for the court to require defendant to reside at a reentry center after he finishes his sentence in the hope of better performance after his renewed incarceration.
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