United States v. Rausch, No. 10-1388 (10th Cir. 2011)
Annotate this CaseAfter pleading guilty to possession of child pornography, an offense with a sentencing guidelines range of 97-121 months imprisonment, the defendant was sentenced to time served (one day) plus lifetime supervision because of his frail health. About two years later, a summons issued, indicating that the defendant had violated supervision by leaving home without permission and viewing pornography on television. The guidelines specify a range of six to nine months for the violation, but the court again allowed supervised release. The judge told the defendant than any new violations would result in two years of imprisonment. The defendant responded that he understood. Two months later, another summons issued for similar violations. The court imposed a two year sentence, followed by lifetime supervision. The Tenth Circuit affirmed, rejecting defendant's claim that the court was required to personally address him during the revocation hearing. The defendant had not requested an opportunity to speak and had previously acknowledged that there would be a two-year sentence, without identifying any mitigating factors. The sentence was substantively reasonable.
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