United States v. Sayer, No. 17-2065 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed Appellant’s revocation sentence, holding that the district court’s upwardly-variant sentence following revocation was neither procedurally nor substantively unreasonable and that the district court’s imposition of Appellant’s supervised release term in addition to the statutory maximum term of imprisonment upon revocation was not in error.
Appellant pleaded guilty to one count of cyberstalking in 2012. In 2016, Appellant commenced his supervised release term, but the supervised release term was revoked the next year because Appellant violated some of his conditions. The district court varied upwards from the Guidelines Sentencing Range of five to eleven months to impose a sentence of twenty-four months in prison and twelve months of supervised release. The First Circuit affirmed the revocation sentence, holding (1) under the totality of the circumstances, the district court’s sentence was neither procedurally nor substantively unreasonable and not an abuse of discretion; and (2) there was no error in the district court’s imposition of Appellant’s supervised release term on revocation.
The court issued a subsequent related opinion or order on April 5, 2019.