United States v. Murphy
685 F. App'x 643
| 10th Cir. | 2017Background
- Murphy repeatedly impersonated police and other authorities, showing persistent noncompliance with supervision.
- He lied on a TSA badge/application, including a false SSN, undisclosed prior felony, and a name change.
- He pled guilty to false statements to a federal agency in 2015; pretrial release conditions were modified to restrict firearms.
- He violated release by possessing a pepper-ball gun, then engaged in security work and aggressive conduct, including tasing a driver.
- Judge sentenced Murphy to 4 months’ imprisonment followed by a three-year supervised release; imposed six-month home curfew with electronic monitoring.
- During supervised release, Murphy continued security work and violated conditions, leading to revocation and a sentence of 11 months’ imprisonment plus a 24-month supervised release with remote location monitoring.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is substantively reasonable given the violations | Murphy argues the combined prison and curfew is excessive | The district court acted within discretion under §3553(a) | Presumptively reasonable; affirmed |
| Whether the combination of imprisonment and curfew is permissible under guidelines | Home detention is more restrictive than curfew, producing undue harshness | Curfew was appropriate and distinct from home detention under USSG §5D1.3 | Reasonable given the factors and purpose of supervision |
| What is the proper standard of review for supervised-release revocation sentences | Appellant asserts the standard supports reversal | Abuse-of-discretion standard governs reasonableness | Abuse-of-discretion standard; statutory factors satisfied |
Key Cases Cited
- United States v. Rausch, 638 F.3d 1296 (10th Cir. 2011) (abuse-of-discretion review for substantive reasonableness in revocation cases)
- United States v. Landers, 564 F.3d 1217 (10th Cir. 2009) (substantial deference to sentencing judge; reasonableness review)
- United States v. McBride, 633 F.3d 1229 (10th Cir. 2011) (presumption of reasonableness when within guidelines range; rebuttable by 3553(a) factors)
- United States v. Bustamonte-Conchas, 850 F.3d 1130 (10th Cir. 2017) (reaffirmed deference to district court in revocation contexts)