United States v. Clement Hope
701 F. App'x 273
| 4th Cir. | 2017Background
- Clement J. Hope appealed a 60‑month sentence imposed on revocation of his supervised release after the case was remanded for further proceedings.
- Hope argued the revocation sentence was procedurally and substantively plainly unreasonable.
- The district court explained the sentence aimed to protect the public, deter future violence against women, and punish Hope’s significant breach of trust.
- The applicable legal framework gives district courts broad discretion on revocation sentences and requires consideration of Chapter 7 policy statements and 18 U.S.C. § 3553(a) factors (with a less detailed reasons requirement than initial sentencing).
- The Fourth Circuit reviews revocation sentences for procedural and substantive reasonableness, applying a deferential standard and will affirm sentences within the statutory range that are not plainly unreasonable.
- The Fourth Circuit affirmed the 60‑month revocation judgment, finding the district court identified proper and persuasive reasons for the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 60‑month revocation sentence is procedurally unreasonable | Hope: court failed to properly consider factors and provide adequate reasons | Gov: court considered Chapter 7 policy statements and § 3553(a) factors and gave sufficient reasons for revocation | Not procedurally unreasonable; court provided adequate, if not extensive, reasons |
| Whether the sentence is substantively unreasonable | Hope: sentence is excessive relative to breach and underlying conduct | Gov: sentence justified by need to protect public, deter future violence, and breach of trust | Not substantively unreasonable; reasons supported sentence up to statutory max |
| Whether appellate review should be deferential or strict | Hope: urged closer scrutiny to find plain unreasonableness | Gov: urged deferential review for revocation sentencing | Court applied deferential standard for revocation and declined to find plain unreasonableness |
| Whether remand-required proceedings produced a reversible error | Hope: remand did not cure alleged sentencing error | Gov: remand proceedings and amended judgment were proper | No reversible error; amended judgment affirmed |
Key Cases Cited
- United States v. Webb, 738 F.3d 638 (4th Cir.) (district court has broad discretion on revocation sentencing)
- United States v. Slappy, 872 F.3d 202 (4th Cir.) (discretion in sentencing context)
- United States v. Crudup, 461 F.3d 433 (4th Cir.) (standards for procedural and substantive reasonableness on revocation)
- United States v. Moulden, 478 F.3d 652 (4th Cir.) (deferential appellate posture for fact and discretion in revocation review)
- United States v. Thompson, 595 F.3d 544 (4th Cir.) (less detailed explanation required for revocation sentences)
