United States v. Mosley
312 F. Supp. 3d 1289
M.D. Ala.2018Background
- Mosley, convicted in 2010 of being a felon in possession of a firearm, was released to three years of supervised release in 2015 and subsequently committed multiple violations tied to cocaine use and failure to comply with drug-testing and officer instructions.
- After earlier outpatient and inpatient treatment attempts (including a month-long and later long-term residential program), Mosley relapsed multiple times, was charged with state possession and tested positive for cocaine; an amended petition alleged six violations.
- The court ordered a Bureau of Prisons (BOP) psychiatric presentence evaluation under 18 U.S.C. § 3552(b); the forensic report diagnosed severe cocaine use disorder, PTSD, major depressive disorder, mild cannabis use disorder, and antisocial personality disorder, and recommended long-term residential treatment and aftercare.
- At the May 7, 2018 revocation hearing, advisory Guidelines for a Grade B violation with criminal-history category V were 18–24 months; the government initially sought that range but then recommended 4–6 months to preserve supervised-release time for treatment.
- The court balanced punishment and rehabilitation, concluding Mosley’s substance use and mental-health conditions significantly contributed to his violations and that relapse is part of a chronic disorder; it revoked supervised release and imposed time served (≈9 months) followed by 2 years and 2 months of structured supervised release with recommended treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether custodial sentence beyond time served was necessary for revocation | Gov: additional incarceration needed to reflect seriousness and promote respect for law; initially urged Guidelines range | Mosley: mental illness and substance-use disorder mitigated culpability; further incarceration would disrupt treatment and medication access | Court: declined additional imprisonment; imposed time served plus structured supervised release to prioritize treatment while acknowledging need for punishment |
| Whether mental-health/substance disorders mitigate culpability and affect sentencing | Gov: endorsed treatment but maintained need for some additional incarceration | Mosley: BOP report shows disorders caused conduct and support mitigation and treatment-oriented sentence | Court: accepted BOP findings that disorders substantially contributed to violations and justified mitigation in sentencing decision |
| Role and weight of BOP psychiatric evaluation in sentencing | Gov: accepted evaluation as treatment roadmap but weighed punishment separately | Mosley: relied heavily on BOP report to show need for residential treatment and supervised release | Court: gave significant weight to BOP report in fashioning sentence and treatment plan |
| How to balance Guidelines punishment with statutory limit on combined imprisonment and supervised-release length | Gov: recognized long imprisonment would shorten available supervised-release treatment time and shifted to recommend shorter jail term | Mosley: argued maximizing supervised-release treatment time best for rehabilitation and public safety | Court: balanced §3553(a) purposes, concluded time served + substantial supervised release better serves rehabilitation and public safety than longer imprisonment |
Key Cases Cited
- United States v. Sweeting, 437 F.3d 1105 (11th Cir. 2006) (reasonableness standard for supervised-release-violation sentences)
- United States v. Hofierka, 83 F.3d 357 (11th Cir. 1996) (Sentencing Guidelines advisory in supervised-release revocation)
- United States v. Mosley, 277 F. Supp. 3d 1294 (M.D. Ala. 2017) (ordering BOP mental-health evaluation where mental disease may have contributed to offense; evaluation to inform culpability and treatment)