United States DC Circuit

An 18 month prison sentence imposed after revocation of supervised release arising from a guilty plea to distribution of cocaine base, unlawful use of a communication facility and carrying a firearm during a drug traffic offense is vacated and remanded for further explanation where: 1) a failure to provide a statement of reasons as required by 18 U.S.C. section 3553(c) was plain error; and 2) revocation of the supervised release as a standard policy was not prejudicial error since the court found defendant had committed several violations of his release conditions and found him incapable of supervision.

Appellate Information

• Argued 05/09/2008
• Decided 06/03/2008
• Published 06/03/2008

Judges

• Before: GINSBURG, BROWN, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David B. Smith argued the cause for appellants.


• For Appellees:
  
• Katherine M. Kelly, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, Roy W. McLeese, III and Ann H. Petalas, Assistant U.S. Attorneys.