United States v. Shockey, No. 19-1308 (7th Cir. 2019)
Annotate this CaseWhile on supervised release for possessing a firearm as a felon, Shockey tested positive for methamphetamine, which he later admitted using. A probation officer petitioned to revoke his supervision, charging Shockey with a Grade B violation for conduct constituting an offense punishable by a prison term exceeding one year, U.S.S.G. 7B1.1(a)(2). Shockey asked the court to find that he had merely used methamphetamine, rather than possessed it. Use is a Grade C violation that does not mandate revocation. He argued that he violated the requirement of his supervised-release condition to refrain from using drugs—a violation that is not a felony. The district court rejected Shockey’s argument, implying that use supports an inference of possession. With a sentencing range of 21-24 months in prison, the court sentenced him to 15 months, recognizing that Shockey had stayed sober for seven months before using methamphetamine and committed no other crimes. The Seventh Circuit affirmed. Shockey was notified before the hearing by the probation officer in writing that he was alleged to have violated the Indiana “Possession of methamphetamine” statute and that this constituted a Grade B violation because the offense is punishable by more than one year in prison. The district court reasonably could infer possession from use.
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