Ct. of Appeals granted motion by defendant’s appellate counsel to withdraw as counsel for defendant, after counsel concluded that defendant’s appeal was frivolous. Record showed that defendant admitted to violating conditions of his original supervised release by failing to register as sex offender and neither challenged propriety of revocation order nor asserted substantial and complex grounds in mitigation. Moreover, Dist. Ct.’s 12-month term of re-imprisonment as sentence for instant violation was within applicable guidelines, given defendant’s Grade B violation and his Category III criminal history. Ct. further noted that defendant would be free to seek modification of any term of supervised release under 18 USC section 3583(e)(2) once he begins serving term of supervised release.
Federal 7th Circuit Court
Criminal Court
Sentencing