United States v. Cain, No. 19-3540 (8th Cir. 2020)
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In 2006, Cain was convicted of conspiracy to distribute crack cocaine. Guideline changes reduced his sentence to 151 months. His five-year term of supervised release began in 2016. Within 14 months, he was revoked for testing positive for cocaine nine times over a six-month period. Cain pled guilty, in state court, to attempted possession of 19.7 grams of methamphetamine, indicating attempted sales because his addictions were to cocaine and alcohol, not meth. Cain admitted violating the terms of his supervised release. The district court sentenced him to 48 months' imprisonment.
The Eighth Circuit upheld the sentence as substantively reasonable, rejecting Cain’s argument that the district court should have given more weight to the guidelines range of five-11 months and to his probation officer's recommendation of eight months plus 24 months of supervised release. The district judge, who had presided over his trial and prior revocation, used the court’s “wide latitude” to weigh the 18 U.S.C. 3553(a) factors and to assign some factors greater weight. The court did not indicate that Cain’s revocation sentence is a punishment for his new criminal conduct but emphasized that his multiple violations demonstrate that he cannot be adequately supervised outside prison, where he can receive drug or alcohol treatment. The court mentioned the new criminal conduct only to show that the “conduct requiring revocation is associated with a high risk of new felonious conduct.”
Court Description: [Per Curiam - Before Benton, Melloy and Kobes, Circuit Judges] Criminal case - Sentencing. Defendant's above-guidelines revocation sentence was not substantively unreasonable
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