Background
John Albert Garcia appealed his twenty-four-month revocation sentence. He argued that the district court improperly considered the need to promote respect for the law under Section thirty-five fifty-three subsection a two A.
The court’s reasoning
The court noted that under Esteras versus United States, a district court may not consider retributive factors under Section thirty-five fifty-three subsection a two A when deciding whether to revoke supervised release. However, the court found it was neither clear nor obvious that the district court actually relied on that specific factor. The district court’s statement that Garcia had no respect for the law was viewed in context as an acknowledgment of his criminal history and risk of recidivism. These considerations were permissible under Section thirty-five eighty-three e and Section thirty-five fifty-three subsection a one and subsection a two B through C.
What it means going forward
The decision clarifies that references to a defendant’s respect for the law in a supervised release revocation hearing may be permissible if they relate to criminal history and public safety rather than retribution.
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