United States v. DeMarrias, No. 17-2331 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence of a lifetime of supervised release after he pleaded guilty to sexual abuse of a minor and his supervised release was revoked two times. The court held that the district court properly considered the 18 U.S.C. 3553(a) factors and explained defendant's sentence. In this case, the district court imposed a much longer term of supervised release than first contemplated at the initial hearing based on the psychological examination, which the district court found alarming and very damaging to defendant. Therefore, there was no procedural error in sentencing where the district court provided a reasoned basis for the heightened sentence. The court also held that defendant's sentence was substantively reasonable where a lifetime term of supervised release was both statutorily permissible and within the Sentencing Guidelines range for defendant's offense.
Court Description: Shepherd, with Kelly and Grasz, Circuit Judges] Criminal case - Sentencing. In revoking defendant's supervised release and imposing a sentence which included a lifetime of supervised release, the court provided a reasoned basis for increasing the supervision period over the one contained in defendant's initial sentence; the period is reasonable given defendant's pattern of sexual deviance and a psychological assessment which concluded he presented a significant risk of recidivism and suffered from disorders resistant to change; the district court did not clearly err in weighing the 3553(a) factors, and the sentence, while severe, was not substantively unreasonable. Judge Kelly, dissenting.
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