United States Tenth Circuit

In defendant's appeal from his 18-month sentence of imprisonment imposed for his second violation of the terms of his supervised release, the sentence is affirmed where: 1) a remand was not necessary because the record on appeal was sufficient to enable adequate review; 2) the district judge clearly articulated his (self evident) reasons for imposing a sentence outside the recommended range; and 3) under the guidelines, recidivism was generally a reason for increased sentencing severity.

Appellate Information

• Decided 04/26/2010
• Published 04/26/2010

Judges

• O'BRIEN, Circuit Judge., Before TACHA, BRISCOE, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs: Bret A. Smith, Muskogee, OK, for Defendant-Appellant., Sheldon J. Sperling, United States Attorney, and Christopher J. Wilson, Assistant United States Attorney, Muskogee, OK, for Plaintiff-Appellee.