USA v. Breshawn Hamilton, No. 21-14266 (11th Cir. 2023)
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Defendant appealed his total 40-year sentence and lifetime term of supervised release, imposed after he pleaded guilty to various counts of enticing a minor to engage in sexual activity, sending extortionate interstate communications, and possessing and producing child pornography. On appeal, he argued that the district court erred in applying an enhancement. The government responds that even if the district court erred, the alleged error in calculating Defendant’s guideline range was harmless because his total offense level would have remained the same without the enhancement. Defendant also contends that the district court erred by failing to separately state its reasons for imposing a lifetime term of supervised release.
The Eleventh Circuit affirmed. The court explained that the district court’s statement of reasons complied with Section 3553(c)(1). It explained which of the Section 3553(a) factors it found most persuasive and stated that it had considered the parties’ arguments and the PSR in sentencing Defendant. The district court also indicated that, in determining its sentence, it considered Defendant’s age, as well as Defendant’s claim that he had been a victim of sexual assault himself. This explanation was sufficient as to Defendant’s overall sentence, which was comprised of a term of imprisonment of 40 years and a lifetime term of supervised release.
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