United States v. Warren, No. 12-20203 (5th Cir. 2013)Annotate this Case
Defendant pleaded guilty to one count of possession with intent to distribute phencyclidine (PCP) and received a three-year term of supervised release following his 110-month sentence. On appeal, he challenged the district court's 24-month sentence for violating two conditions of his supervised release. The court found no procedural error where the district court was not required to provide defendant with pre-sentencing notice of all points raised in the revocation sentencing colloquy, here especially noting the invalid urine samples. Defendant also did not show that the district court relied on materially erroneous information in pronouncing the sentence. The court also found no substantive error where the district court made clear its belief that, in light of defendant's particular history, only a relatively severe, incarcerative revocation sentence was sufficient punishment. Accordingly, the court affirmed the judgment.