United States v. Donta Boelter
2015 U.S. App. LEXIS 20721
| 8th Cir. | 2015Background
- Donta Boelter pleaded guilty (Jan 29, 2010) to retaliating against a witness (18 U.S.C. § 1513(b)(1)); Guidelines range 30–37 months.
- At original sentencing (Sept 7, 2011) the district court varied downward to time served (47 days) plus 3 years supervised release.
- A petition to revoke supervised release was filed May 14, 2014 alleging unemployment, multiple marijuana positives, presence at a residence with drugs, and failure to complete community service; Boelter admitted eight marijuana uses.
- A second petition (Dec 10, 2014) alleged, among other things, a Dec 7, 2014 arrest for trespass and marijuana possession and other residence/notification violations; Boelter did not admit those pending state charges.
- All violations were graded C; with Criminal History I the advisory revocation range was 3–9 months; Probation recommended 24 months with no supervision; the district court sentenced Boelter to 24 months with no supervision.
- Boelter appealed, arguing the 24‑month term was substantively unreasonable under 18 U.S.C. § 3553(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 24‑month revocation sentence was substantively unreasonable | Boelter: court overweighed unproven allegations from second petition and underweighted his rehabilitative progress | Government/district court: court properly weighed § 3553(a) factors, including seriousness, respect for law, deterrence, and prior downward departure | Affirmed: sentence not substantively unreasonable; within district court's broad discretion |
Key Cases Cited
- United States v. Growden, 663 F.3d 982 (8th Cir. 2011) (reasonableness standard for revocation sentences equals that for initial sentences)
- United States v. Lozoya, 623 F.3d 624 (8th Cir. 2010) (defines substantive‑reasonableness review and error in weighing § 3553(a) factors)
- United States v. Bridges, 569 F.3d 374 (8th Cir. 2009) (district court has wide latitude in assigning weight to § 3553(a) factors)
