Background
Kevin Otterson appealed after the district court revoked his supervised release and sentenced him to a within-Guidelines term of fourteen months in prison. His counsel moved to withdraw and filed a brief asserting plain error under Esteras v. United States regarding the consideration of sentencing factors.
The court’s reasoning
The court discerned no plain Esteras error because the revocation hearing indicated the sentence was premised on Otterson’s repeated failure to abide by supervision conditions, his renewed viewing of explicit material, and the need to deter future violations. The court concluded the sentence was not an abuse of discretion as the district court adequately considered relevant factors and imposed a within-Guidelines term.
What it means going forward
The decision reinforces that sentences based on a defendant’s failure to comply with supervision conditions and the need for deterrence are not subject to plain error claims under Esteras when the record reflects adequate consideration of sentencing factors.
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