United States v. Derrick Shannon
508 F. App'x 559
7th Cir.2013Background
- Derrick Shannon was convicted in 1999 of drug offenses and sentenced to 168 months’ imprisonment plus supervised release.
- His initial term of supervised release began in early 2009 and was revoked nine months later for a DUI, resulting in reimprisonment and a new supervised-release term.
- In 2011 Shannon began a new term of supervised release after reimprisonment.
- Over the next year he violated conditions, including alcohol use and missing counseling, despite testing and housing requirements.
- In August 2012, after waiving contest to the violations, the district court revoked supervised release and imposed 6 months’ reimprisonment followed by 36 months of supervised release; Shannon sought review, counsel moved to withdraw under Anders, and the appeal was eventually dismissed.
- The Seventh Circuit held that waiver of revocation contest is governed by Rule 32.1, the admissions were knowing and voluntary, the 6-month term was not plainly unreasonable, and granted counsel’s withdrawal and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the revocation-contest waiver governed by Rule 32.1 rather than Rule 11? | Shannon could challenge under Rule 11 as a guilty-plea-like admission. | Waiver is governed by Rule 32.1 and totality of circumstances. | Rule 32.1 governs; admissions were knowing and voluntary. |
| Is a 6-month reimprisonment plainly unreasonable? | Length could be challenged as excessive. | Six months is within statutory maximum and within guidelines. | Six months is not plainly unreasonable; within range. |
Key Cases Cited
- United States v. LeBlanc, 175 F.3d 511 (7th Cir. 1999) (Rule 32.1 waiver requires knowing and voluntary admissions in revocation proceedings)
- United States v. Hodges, 460 F.3d 646 (5th Cir. 2006) (Rule 32.1 governs revocation waivers; not Rule 11)
- United States v. Farrell, 393 F.3d 498 (4th Cir. 2005) (Rule 32.1 governing revocation waiver)
- United States v. Neal, 512 F.3d 427 (7th Cir. 2008) (Court’s sentencing factors under 18 U.S.C. § 3553(a) relevant to revocation decision)
- United States v. Wheaton, 610 F.3d 389 (7th Cir. 2010) (Addressed knowing and voluntary pleas in revocation context)