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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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US v. McBride, -- F.3d --, 2011 WL 489681 (10th Cir. 2/14/11) (Kansas) - a rebuttable presumption of reasonableness is accorded to a sentence imposed upon revocation of supervised release when it is within the range suggested by USSC policy statements. The district court imposed a sentence of 12 months, rather than 12 months and one day, which Mr. McBride requested so that he could earn good-time credit. The COA concludes the defendant failed to overcome the presumption of reasonableness by showing that the sentence imposed was outside the range of reasonableness. Mr. McBride's procedural reasonableness arguments fare no better. Underlying factual disputes were not brought to the district court's attention and did not amount to plain error where there had been no showing that the sentence would probably be different on remand.continue to full post

Full post as published by Tenth Circuit Blog on February 15, 2011 (boomark / email).