United States v. Corley, No. 11-7013 (10th Cir. 2011)
Annotate this CaseDefendant Robert Corley appealed his sentence imposed following the revocation of his supervised release. The district court sentenced him to 50 months in prison, four months above the range indicated by the United States Sentencing Guidelines. In 1997, Defendant entered guilty pleas to two counts of a numerous-count indictment charging him and others with drug-trafficking and firearms crimes. His Guidelines sentencing range was 235 to 293 months. He was sentenced to 168 months in prison, to be followed by 60 months of supervised release. The conditions of his supervised release included prohibitions on possessing a controlled substance and possessing a firearm. In February 2011, the United States Probation Office sought to revoke Defendant's supervised release. The district court found that Defendant had violated the conditions of his supervised release, specifically that he illegally possessed a controlled substance for the purpose of distribution. Applying its deferential standard of review, and "tak[ing] into account the totality of the circumstances, including the extent of [the] variance from the Guidelines range," the Tenth Circuit determined that Defendant's was sentence above the Guidelines range, but below the statutory maximum, and was substantively reasonable. Accordingly, the Court affirmed the district court's judgment.
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