United States v. Aguilar-Macias, 6:20-cr-00039

Israel Aguilar-Macias was previously convicted of Illegal Reentry Following Removal (a felony) and sentenced to 20 months, plus 3 years of supervised release.
He began supervised release on September 22, 2021, and was deported to Mexico five days later as a condition of his supervised release.
Three violations were alleged: (1) being arrested for Failure to Identify (a misdemeanor offense in Texas); (2) associating with a convicted felon who was in possession of drugs at the time of arrest; and (3) failing to report to probation within 72 hours of re-entry into the U.S.
Aguilar-Macias, represented by counsel, reached an agreement with the government to plead true to the first violation only.
Both parties requested a 6-month prison sentence and no further supervised release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether supervised release should be revoked based on a violation	Aguilar-Macias violated supervised release by committing a new crime	Aguilar-Macias agreed, entered plea of true	Supervised release revoked; 6-month prison sentence
Applicability of Sentencing Guidelines for Grade C violation	Guidelines suggest 6–12 months imprisonment	Agreed to 6 months; joint recommendation	6 months imprisonment imposed
Requirement of further supervised release	No necessity for additional term post-custody	No further supervised release requested	No further supervised release imposed
Right to hearing and objections	Waived by both parties in open court	Waived by defendant in open court	Rights waived; court proceeds per agreement

United States v. Brown, 122 Fed.Appx. 648 (5th Cir. 2005) (Sentencing guidelines for supervised release revocation are advisory, not binding)
United States v. Davis, 53 F.3d 638 (5th Cir. 1995) (Advisory nature of the sentencing guidelines in revocation proceedings)
United States v. Mathena, 23 F.3d 87 (5th Cir. 1994) (Chapter 7 policy statements of the guidelines are advisory in sentencing for revocations)