United States v. Jones, No. 10-2270 (10th Cir. 2011)
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Defendant-Appellant Brian Jones appealed a district court's revocation of his probation and the imposition of a thirty-three month term of imprisonment. Defendant's counsel filed an "Anders" brief, asserting he could find no meritorious basis for appeal and simultaneously moved to withdraw as counsel. In 2004, the government charged Defendant with possession of child pornography. The parties negotiated a plea deal with a five-year term of probation. In 2006, the district court accepted the plea agreement and sentenced Defendant, and imposed several special conditions of supervision he was required to comply with during his term of probation. In 2009, the probation office discovered Defendant had violated at least four of the special conditions in the district court’s judgment. Instead of revoking his probation, the district court held the matter in abeyance pending Defendant's completion of two in-patient treatment programs, one in California and one in Arizona. Defendant completed the program in California, but left the Arizona program prior to completing treatment. The district court afforded Defendant the opportunity to enroll in another treatment program, but Defendant failed to do so in a timely manner. In 2010, after a lengthy hearing on the matter, the district court granted the government's petition and revoked Defendant's probation. The court then sentenced him to thirty-three months' imprisonment, followed by a term of supervised release. Defendant directed his appellate counsel to contend the thirty-three month sentence imposed by the district court was unreasonably long. The Tenth Circuit agreed, as was recognized by counsel, that Defendant's challenge to the substantive reasonableness of his sentence was "undeniably meritless." The Court granted counsel's motion to withdraw, and dismissed Defendant's appeal.
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