United States v. Flying Horse, No. 20-2832 (8th Cir. 2021)
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The Eighth Circuit affirmed the district court's imposition of a statutory maximum of 24 months' imprisonment based on defendant's revocation of his supervised release. After defendant completed his initial term of imprisonment, he has struggled to comply with the conditions of his supervised release because of his alcohol addiction.
The court concluded that the district court's revocation sentence was substantively reasonable where the district court properly consulted the 18 U.S.C. 3553(a) factors and considered defendant's struggle with alcohol addiction in selecting the sentence imposed. In this case, the district court expressed particular concern about the physical danger Flying Horse had posed to others, including law enforcement officers, while intoxicated.
Court Description: [Per Curiam - Before Loken, Kelly, and Erickson, Circuit Judges] Criminal case - Sentencing. The sentence imposed upon the revocation of defendant's second term of supervised release was not substantively unreasonable.
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