United States v. Thurmond, No. 17-3538 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence of 10 months in prison and one year of supervised release after he violated his conditions of release for the second time. The court held that the district court did not clearly err by finding that defendant violated the terms of his supervised release by associating with individuals involved in criminal activity. Although the district court denied defendant the opportunity to allocute on its finding about the gang situation, it allowed him to speak at length about anything else. In this case, defendant did not object to this denial at sentencing nor did he state what he would have said.
Court Description: Benton, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Criminal law. The district court did not clearly err in determining defendant had violated his supervised release by associating with gang members and individuals engaged in criminal activity; on these facts - a district judge familiar with defendant, an opportunity to allocute at length about anything but a previous finding of violation, and a failure to state either what would have been said during allocution or how it would have affected the sentence - defendant has not shown that the court's refusal to let him address the finding of association with gang members seriously affected the fairness, integrity or public reputation of the proceedings.
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