U.S. v. Smith

Dist. Ct. did not err in sentencing defendant to additional 24-month term of incarceration without imposition of additional term of supervised release, after finding that defendant had violated certain terms of her supervised release within three months after being subjected to said terms. While applicable guideline range called for 3-to-9 month term of incarceration, Dist. Ct. adequately explained reasons for instant term of incarceration, which was maximum sentence under guidelines, where defendant had failed to: (1) participate in sex offender treatment; (2) participate in mental health treatment; (3) comply with location monitoring; and (4) make scheduled payments of fines. Dist. Ct. could also properly find that any future supervision would be futile, since defendant had demonstrated inability to follow terms of supervised release within three months of being subjected to said terms. Ct. also observed that during her term of supervised release, defendant was manipulative, dishonest, breached trust of court and disregarded rule of law.