U.S. v. Poke

Defendant was entitled to new sentencing hearing on his drug and unlawful possession of firearm charges, where Dist. Ct. had originally sentenced defendant to 420-month term of incarceration plus 5-year term of supervised release. Record indicated that Dist. Ct. was unaware of possibility that defendant could be sentenced to 360-month term of incarceration on said offenses, and Dist. Ct. otherwise failed to take into consideration fact that defendant would be of advanced age at time of his release from incarceration. Moreover, with respect to instant 5-year term of supervised release, Dist. Ct. failed to apply section 3553(a) factors or articulate justification for imposition of non-mandatory terms of supervised release when imposing terms of supervised release.