United States v. Reyes-Solosa, No. 13-50404 (9th Cir. 2014)
Annotate this CaseDefendant appealed her post-revocation sentence imposed consecutively to her criminal sentence for illegal reentry. The court held that a district court can continue post-revocation sentencing for a reasonable time to consider a supervised releasee's sentence in the underlying criminal proceeding as part of evaluating the supervised releasee's breach of trust; in this case, the district court's approximately three-week continuance was not unreasonable under Federal Rule of Criminal Procedure 32.1; and defendant's twelve-month post-revocation sentence was within the Guidelines range and was not substantively unreasonable in light of the 18 U.S.C. 3553(a) sentencing factors. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Law. The panel affirmed a post-revocation sentence imposed consecutively to the defendant’s criminal sentence for illegal reentry. The defendant contended that the district court’s continuance of her revocation hearing for about three weeks until after she was sentenced in her criminal case was erroneous because she requested and was denied immediate revocation sentencing. Because Fed. R. Crim. P. 32.1(b)(2) covers post- revocation sentencing procedures and has a timing provision, the panel did not look to Fed. R. Crim. P. 32 in assessing whether the revocation sentencing was timely. The panel held that a district court can continue post- revocation sentencing for a reasonable time to consider a supervised releasee’s sentence in the underlying criminal proceeding as part of evaluating the supervised release releasee’s breach of trust, and that the approximately three- week continuance was not unreasonable under Rule 32.1 The panel concluded that the twelve-month post- revocation sentence is not substantively unreasonable.
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