United States v. Barber, No. 20-2114 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed the district court's imposition of a 7 month sentence and a 60 month term of supervised release after defendant's second revocation of supervised release. In this case, defendant pleaded guilty to two felonies and violated the conditions of his release several times.
The court concluded that the 60 month term of supervised release was substantively reasonable where the district court was authorized to impose as much as 86 months of supervised release; it had wide latitude to weigh the 18 U.S.C. 3553(a) factors; and thus was entitled to focus in particular on the offense of conviction, the problems on supervised release, and the nature of the problems while on supervised release. Furthermore, there were reasonable considerations in light of defendant's consistent resistance to complying with the conditions of his release and the multiple revocations of his release.