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Court Vacates SR Sentence for Procedural Unreasonableness

By Jonathan Byrne

US v. Thompson: This appeal arises from a supervised release revocation. While Thompson was on supervision, a petition was filed seeking revocation based on two counts of battery on/obstruction of a police officer and possession of methamphetamine. At the revocation hearing, Thompson conceded that the Government could prove the violations by a preponderance of the evidence. The agreed to advisory Guideline range was 12 to 18 months. Thompson argued for a sentence of six months, followed by more supervised release, based on his history of employment, family obligations, and that these were his first violations while on supervised release. The Government pointed out that the incident underlying the petition involved two police officers and happened at 2:00 in the morning, but did not request a specific sentence...continue to full post

Full post as published by Fourth Circuit Blog on February 24, 2010 (boomark / email).