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Criminal Law

: Tenth Circuit Blog

Upward Enhancement of Sentence for SR Violation Held Reasonable

By Shari Allison

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US v. Steele, -- F.3d --, 2010 WL 1644575 (10th Cir. 4/26/10) - 18-month sentence for 2nd supervised release violation was procedurally and substantively reasonable, despite advisory guidelines' recommendation of 4-10 months. Disagreeing with some other circuits, the 10th decides a sentencing judge is not required to specifically elicit objections after announcing a sentence. The district judge here adequately explained the sentence to meet plain error standard. Steele's possession of marijuana was a serious infraction that represented a breach of trust eclipsing his admirable support of his children(!).

Full post as published by Tenth Circuit Blog on April 28, 2010 (boomark / email).

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