U.S. v. Llanos

Dist. Ct. did not err in sentencing defendant to 30-month term of incarceration, after revoking defendant’s term of supervised release based on his commission of drug distribution offense, and where defendant’s sentence for supervised release violation was made consecutive to 120-month sentence for drug distribution offense that was imposed by different Dist. Ct. judge. Defendant’s 30-month term of incarceration was within applicable 30 to 37-month guideline range, and Ct. of Appeals rejected defendant’s argument that he should receive no additional time for supervised release offense because judge that sentenced him to drug distribution offense already considered fact that he had committed drug distribution offense while on supervised release. Moreover, Dist. Ct. could properly find that additional sentence was appropriate given defendant’s criminal history and circumstances surrounding supervised release violation, and Dist. Ct. properly considered factors contained in section 3583(e) and 3553(a) when imposing sentence for supervised release violation.