U.S. v. Clay

Federal 7th Circuit Court
Criminal Court
Supervised Release
Citation
Case Number: 
No. 13-3510
Decision Date: 
May 29, 2014
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in imposing 24-month term of re-imprisonment for violating terms of his supervised release, even though Dist. Ct. relied on factor contained in 18 USC section 3553(a)(2)(A), i.e., seriousness of original offense and need to promote respect for law, which was not included in section 18 USC section 3583(e), which governed post-revocation sentencing. Dist. Ct. may consider said factor, where, as here, Dist. Ct. primarily relied on factors contained in section 3553(a)(1) that concerned defendant’s personal characteristics and nature of his violations. Moreover, imposition of said sentence was reasonable where defendant had new criminal conviction and eight other violations of his terms of supervised release.