Gregory Largent appealed his district court judgment revoking his supervised release and sentencing him to 18 months of imprisonment followed by a lifetime term of supervised release. The underlying dispute centered on whether the district court acted improperly by modifying the terms of his supervised release during the revocation hearing. Specifically, the court imposed a stricter condition requiring Largent to obtain permission from the district court, rather than the probation office, to have contact with minors. Largent argued this modification required notice and a separate hearing under Federal Rule of Criminal Procedure 32.1(c) and violated his due process rights. Additionally, Largent challenged the sentence itself, arguing it was procedurally and substantively unreasonable because the court failed to adequately explain the sentence and did not consider his claims of good behavior, positive polygraph results, and sentencing disparities.
The court addressed two primary issues. First, regarding the modification of the supervised release condition, the court noted that because Largent did not object during the hearing or to the subsequent order, the appeal was reviewed for plain error. Under this standard, a defendant must show an error occurred, the error was plain, and it affected substantial rights. The court reasoned that even if an error occurred, Largent could not show it affected his substantial rights. The modification was made during a hearing where Largent was represented by counsel and had the opportunity to offer mitigating evidence. The court cited United States v. King, noting that a Rule 32.1(c) modification does not strictly require an evidentiary hearing or a violation finding. Second, the court evaluated the reasonableness of the sentence. The district court has broad discretion in revocation sentencing, and the sentence is affirmed if within the statutory maximum and not plainly unreasonable. The court found the sentence procedurally reasonable because the district court provided a clear explanation, citing Largent's breach of trust, dishonesty, and repeated violations as the basis for the sentence. This explanation implicitly rejected Largent's claims of good behavior. The court also noted the district court considered the Section 3553(a) factors, including criminal history, deterrence, and public protection. The sentence was substantively reasonable because the court sufficiently explained why a departure from the policy statement range was appropriate given the nature of the violation. The court concluded that the cases Largent cited were not analogous to the district court's focus on breach of trust.
The 18-month imprisonment sentence remains in effect, subject to a lifetime term of supervised release. The decision clarifies that modifying supervised release conditions at a revocation hearing does not necessarily require a separate evidentiary hearing if the defendant has counsel and an opportunity to present evidence. It also reinforces that district courts need not provide a fulsome explanation for every argument when imposing a revocation sentence, provided they acknowledge consideration of the arguments and explain the basis for the sentence, particularly regarding breach of trust.
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