Dist. Ct. erred in revoking defendant's supervised release, after finding that defendant violated terms of his supervised release by missing drug test, as well as two mental health and substance abuse assessments, and sentencing defendant to 6-month term of incarceration and additional 120-days in community confinement plus 26 months additional supervised release. Dist. Ct. failed to provide justification for instant revocation and/or prison sentence, under circumstances where: (1) Dist. Ct. did not adequately explain its rejection of defendant's defense that he lacked intent to violate applicable conditions of supervised release and had made reasonable and good-faith attempts to comply with said conditions; and (2) Dist. Ct. did not explain its determination as to why defendant should serve additional six-month term of incarceration, especially where defendant had made bona-fide efforts to make himself available to take drug test and assessments, and where defendant had otherwise tested negative on all other drug tests and had not violated any other term of supervised release. Ct. also noted that Dist. Ct. did not articulate whether it found defendant to be not credible.
Federal 7th Circuit Court
Criminal Court
Supervised Release