U.S. v. Shockley

Federal 7th Circuit Court
Criminal Court
Supervised Release
Citation
Case Number: 
No. 19-1308
Decision Date: 
October 22, 2019
Federal District: 
N.D. Ind., S. Bend Div.
Holding: 
Affirmed

Dist. Ct. did not err in sentencing defendant to 15-month term of incarceration for violating term of his supervised release, where violation concerned defendant’s use of methamphetamine. Moreover, Dist. Ct. could properly characterize said violation as Grade B violation involving defendant’s possession of methamphetamine, since Dist. Ct. could reasonably infer defendant’s possession of said drug through his use of said drug. Ct. rejected defendant’s contention that Dist. Ct. could not make finding of Grade B violation without specific finding that he violated any law prohibiting possession of controlled substance that was statutorily punishable by more than one year in prison and noted that defendant had received notice from probation officer that he was alleged to have violated Indiana statute prohibiting possession of methamphetamine that was punishable by more than one year in prison.