United States v. Calvin Hill-Gamble
679 F. App'x 196
| 3rd Cir. | 2017Background
- Calvin Hill‑Gamble pleaded guilty in 2004 to a § 924(c) firearms offense (Class A) and a § 841(a)(1) cocaine‑base distribution offense (Class B); sentenced to 108 months + 60 months supervised release.
- Supervised release commenced December 21, 2012.
- On August 22, 2014, police stopped a car carrying Hill‑Gamble; occupants fled; search recovered cocaine base, heroin, three handguns, masks, gloves, and ammunition; Hill‑Gamble was later convicted in state court of related firearm and drug offenses.
- U.S. Probation petitioned to revoke supervised release based on the state convictions; a revocation hearing was scheduled January 7, 2016.
- At the revocation proceeding Hill‑Gamble, represented by counsel, waived a full revocation hearing, admitted to Grade A violations, and requested leniency.
- The district court revoked supervised release and imposed 30 months (for the Class A underlying offense) and 18 months (for the Class B underlying offense) to run concurrently with each other but consecutive to his state sentence; Hill‑Gamble appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court jurisdiction to revoke supervised release | Hill‑Gamble asserted none (no challenge) | District Court lacked jurisdiction? | Court had jurisdiction under 18 U.S.C. §§ 3231, 3583(e); no basis to challenge. |
| Adequacy of proof for revocation | Admission and/or state conviction insufficient? | Admission + state convictions suffice by preponderance standard | Admission and state convictions met preponderance standard; challenge frivolous. |
| Voluntariness of admission to violation | Admission may not have been knowing or voluntary | Waiver and colloquy show admission was counseled and voluntary | Thorough colloquy and counsel present; admission voluntary; claim frivolous. |
| Reasonableness of sentence | Sentence was excessive or unreasonable | Court considered § 3553(a) and § 3583(e) factors and Guidelines | District Court gave meaningful consideration and articulated reasons; sentence reasonable. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to seek withdrawal when appeal appears frivolous)
- United States v. Broce, 488 U.S. 563 (1989) (admission to supervised‑release violation must be counseled and voluntary)
- United States v. Lloyd, 566 F.3d 341 (3d Cir. 2009) (state conviction can establish supervised‑release violation by preponderance)
- United States v. Bungar, 478 F.3d 540 (3d Cir. 2007) (review of revocation sentences focuses on consideration and application of § 3553(a) and § 3583(e) factors)
- United States v. Youla, 241 F.3d 296 (3d Cir. 2001) (Anders brief requirements and appellate court responsibilities)
- United States v. Hodges, 460 F.3d 646 (5th Cir. 2006) (totality‑of‑circumstances test for voluntariness of supervised–release admissions)