Background
Stephen Lee Moore appealed a twenty-four-month sentence imposed after the revocation of his term of supervised release. He argued that the district court improperly considered the need for rehabilitation and retribution when determining his sentence.
The court’s reasoning
The court applied a plain error standard of review. It noted that district courts imposing revocation sentences under Section eighteen thousand five hundred eighty-three subsection e three may consider factors similar to those in Section eighteen thousand five hundred fifty-three a but are not required to consider all of them. The court found no express or unmistakable reliance on retributive factors. Instead, the district court’s statements indicated frustration with Moore’s pattern of noncompliance and a desire to deter and sanction him. Furthermore, the sentence was not lengthened to promote rehabilitation but to avoid imposing another term of supervised release as requested by defense counsel.
What it means going forward
The decision reinforces that district courts may consider a defendant’s pattern of noncompliance and the desire to avoid further supervised release terms without violating prohibitions on using sentences for rehabilitation or retribution.
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