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UNITED STATES v. LASSITER (2021)

United States Court of Appeals, Fourth Circuit.2021-09-08No. No. 21-4028

Summary

Holding. The court affirmed the district court's judgment revoking supervised release, imposing six months' imprisonment, and continuing supervised release, finding the sentence substantively reasonable.

Matthew Lassiter appealed the district court's decision to revoke his supervised release, impose six months in prison, and continue him under supervision. Lassiter argued that the continuation of supervised release was substantively unreasonable. The appellate court reviewed the sentence under a deferential standard, asking whether it fell within statutory limits and was not plainly unreasonable.

The court found the sentence substantively reasonable based on the totality of circumstances. The district court had articulated a clear penological goal—encouraging Lassiter to stop using drugs—and structured the sentence to serve that purpose. The court noted that releasing Lassiter without supervision would eliminate needed structure, particularly important given pandemic-related limitations on the effectiveness of supervision and drug treatment services. The district court's warning that future violations would result in maximum punishment further supported the reasonableness of the lesser sentence imposed with continued supervision.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Substantive reasonableness of a revocation sentence
  • Appropriateness of continuing supervised release as part of a revocation sentence
  • District court's discretion in imposing sentences upon revocation of supervised release

Procedural posture

Lassiter appealed from the district court's judgment revoking his supervised release and imposing six months' imprisonment with continued supervision.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Matthew F. Lassiter appeals from the district courts judgment revoking his supervised release, sentencing him to six months’ imprisonment, and continuing him on supervised release. On appeal, Lassiter contends that the continuation of his supervised release is substantively unreasonable. We affirm the district courts judgment.

“A district court has broad discretion when imposing a sentence upon revocation of supervised release.” United States v. Patterson, 957 F.3d 426, 436 (4th Cir. 2020). We “will affirm a revocation sentence if it is within the statutory maximum and is not plainly unreasonable.” Id. A revocation sentence can be either procedurally or substantively unreasonable. United States v. Webb, 738 F.3d 638, 640 (4th Cir. 2013). “A revocation sentence is procedurally reasonable if the district court adequately explains the chosen sentence after considering the ․ Chapter Seven policy statements and the applicable 18 U.S.C. § 3553(a) factors.” United States v. Slappy, 872 F.3d 202, 207 (4th Cir. 2017); see 18 U.S.C. § 3583(e). “A revocation sentence is substantively reasonable if, in light of the totality of the circumstances, the court states an appropriate basis for concluding that the defendant should receive the sentence imposed.” United States v. Coston, 964 F.3d 289, 297 (4th Cir. 2020) (internal quotation marks omitted). “Only if a sentence is either procedurally or substantively unreasonable is a determination then made as to whether the sentence is plainly unreasonable—that is, whether the unreasonableness is clear or obvious.” Patterson, 957 F.3d at 437 (internal quotation marks omitted).

*

We conclude that Lassiters sentence is substantively reasonable. Throughout the hearing, the district court expressed its desire for Lassiter to stop using drugs. Releasing Lassiter from imprisonment without supervision would undercut this goal by eliminating any structure, and it appears that the pandemic reduced the effectiveness of Lassiters supervision by making it more difficult to provide structure, including drug treatment, for Lassiter. Moreover, the courts statement—that if Lassiter again violated the terms of his supervision it would give him the maximum possible sentence—indicates that the court imposed a lesser sentence for this violation on the condition that he continue on supervised release.

Accordingly, we affirm the district courts judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

FOOTNOTES

FOOTNOTE

.   Although Lassiter does not challenge the procedural reasonableness of his sentence, we must “review the sentence for procedural reasonableness before addressing whether it is substantively reasonable,” even if the parties do not address it in their opening briefs. United States v. Provance, 944 F.3d 213, 215, 218 (4th Cir. 2019). We have reviewed the record and found no plain procedural error.

PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.