U.S. v. Patlan

Dist. Ct. did not err in imposing 18-month term of incarceration, followed by 24-month term of supervised release that arose out of Dist. Ct.’s second revocation of defendant’s term of supervised release. Record showed that defendant had violated two conditions of his term of supervised release, i.e., use and possession of amphetamine and methamphetamine after urine sample indicated presence of said drugs and domestic battery conviction, and defendant had pleaded guilty to both violations. While defendant argued that Dist. Ct. committed procedural error by not recognizing that it was not required to find that drug violation was Grade B violation, instead of lesser Grade C violation, Dist. Ct. did not err in finding that defendant had committed Grade B violation, where defendant had acknowledged that he had possessed said drugs. Moreover, Dist. Ct. acknowledged that it had discretion to sentence instant Grade B violation as Grade C offense, but simply declined to do so. Also, defendant waived issue regarding Dist. Ct.’s imposition of home confinement as condition of supervised release, where defendant did not register objection to any condition of supervised release, affirmatively indicated that he had reviewed conditions of supervised release, had initialed them, and waived oral reading of said conditions at sentencing hearing.