United States v. Bennett, Jr., No. 11-4401 (4th Cir. 2012)
Annotate this CaseDefendant was convicted of being a felon in possession of a firearm. At issue on appeal was whether Tapia v. United States applied in the context of resentencing on the revocation of supervised release. The court held that it did. Here, however, the transcript of the revocation hearing made plain that the "egregious breach of trust" committed by defendant in repeatedly violating the conditions of supervised release drove the sentencing decision. Therefore, the court saw no reason to direct a remand that would serve no purpose and accordingly affirmed the judgment of the district court.
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