UNITED STATES of America, Plaintiff-Appellee, v. Elwood Gene HALL, aka Codgie Hall, Defendant-Appellant.
Nos. 19-30205, 19-30206
Decided: April 16, 2020
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Cassady Anne Adams, Assistant U.S. Attorney, USGF - Office of the U.S. Attorney, Great Falls, MT, Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, Paulette Lynn Stewart, Assistant U.S. Attorney, USHE - Office of the US Attorney, Helena, MT, for Plaintiff-Appellee Rachel Ann Julagay, Assistant Federal Public Defender, FDMT - Federal Defenders of Montana, Great Falls, MT, for Defendant-Appellant
In these consolidated appeals, Elwood Gene Hall appeals from the district court’s judgment revoking his supervised release for the fourth time and imposing a sentence of 6 months, to be followed by a 30-month term of supervised release. Hall challenges only the 30-month term of supervision. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Hall contends that the term of supervised release is substantively unreasonable because it was imposed for the unnecessary purpose of allowing Hall to complete sex offender treatment. The district court did not abuse its discretion by imposing the 30-month term of supervised release, which is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The record belies Hall’s claim that the district court imposed the term of supervised release solely for Hall to complete sex offender treatment. While the court was reasonably concerned about Hall’s failure to complete treatment, the record reflects that it also imposed the sentence to sanction Hall’s repeated breaches of the court’s trust and to protect the public. See 18 U.S.C. § 3583(e); United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.