USA v. Eric King, No. 21-12963 (11th Cir. 2023)
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Defendant appealed his 36-month prison sentence imposed upon revocation of his supervised release. He argues that his sentence is substantively unreasonable because (1) his conduct did not constitute a new criminal offense; (2) he accepted responsibility for his actions; and (3) he was less than a year away from completing his supervised release.
The Eleventh Circuit affirmed. The court explained that here, Defendant’s above-the-guideline range sentence of 36 months was substantively reasonable. The district court acted within its discretion in giving greater weight to the nature and frequency of Defendant’s violations of the conditions of his supervisory release—including his continual methamphetamine use, failure to attend substance abuse treatment programs, and failure to report to his probation officer—than to his admission of the violations, lack of new criminal charges, and near completion of the term of the release.
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