United States v. James Patrick Richardson
670 F. App'x 679
| 11th Cir. | 2016Background
- Richardson completed imprisonment in March 2013 and began a five‑year term of supervised release conditioned on drug screening and timely reporting.
- In January 2016 the probation office petitioned to revoke his supervised release for six violations, including altering a drug test, drug use, missed and refused drug screenings, failure to follow probation instructions, missed monthly reports, and failure to prove employment.
- Richardson admitted all six violations at the revocation hearing.
- The district court calculated an advisory revocation guideline range of 6–12 months and noted a statutory maximum of 2 years; the government recommended 12 months.
- Probation officer Shannon Brewer testified Richardson was resistant to supervision and treatment (e.g., refused verification waivers, missed the first treatment session, reluctant to obtain full‑time work).
- The district court sentenced Richardson to 12 months’ imprisonment and no further supervised release; revocation was mandatory under 18 U.S.C. § 3583(g) given multiple positive tests and refusals to comply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 12‑month revocation sentence was substantively unreasonable | Richardson argued the court failed to weigh his employment stability, desire for treatment, and long period of successful supervised release | Government (and probation) argued Richardson was resistant to treatment and supervision, supporting incarceration | Court affirmed: within‑guidelines sentence not an abuse of discretion |
| Whether the district court should order inpatient treatment instead of prison | Richardson asked for inpatient treatment due to relapse | Government/probation presented evidence of Richardson’s resistance to treatment, arguing treatment was inappropriate | Court found evidence supported denial of inpatient treatment and chose imprisonment |
Key Cases Cited
- Irey v. United States, 612 F.3d 1160 (11th Cir. 2010) (en banc) (standard for reviewing reasonableness of sentences and abuse of discretion)
- Sweeting v. United States, 437 F.3d 1105 (11th Cir. 2006) (review of sentences imposed on supervised‑release revocation)
- Dougherty v. United States, 754 F.3d 1353 (11th Cir. 2014) (district court discretion in weighing § 3553(a) factors on revocation)