United States v. Sandy Roscoe McNair
674 F. App'x 963
| 11th Cir. | 2017Background
- McNair appealed the sentence imposed after revocation of supervised release.
- District court sentenced McNair to 11 months’ imprisonment plus a 25‑month term of supervised release.
- Special condition: 90 days inpatient treatment followed by 90 days in a residential reentry program.
- McNair argued the sentence was substantively unreasonable under 18 U.S.C. § 3553(a) because he engaged in no subsequent criminal or violent conduct after release.
- The district court relied on McNair’s immediate post‑release drug use, repeated supervised‑release violations, and risk of recidivism when imposing a high‑end guideline sentence and extended supervised release.
- The Eleventh Circuit reviewed the sentence for abuse of discretion and affirmed, finding no procedural error and that the sentence was reasonable under the § 3553(a) factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the revocation sentence was substantively unreasonable | McNair: sentence greater than necessary given lack of subsequent criminal or violent conduct | Government: district court properly weighed § 3553(a) factors (drug use, violations, recidivism risk) and imposed a within‑guidelines sentence | Affirmed — sentence was substantively reasonable and within district court’s discretion |
Key Cases Cited
- United States v. Velasquez, 524 F.3d 1248 (11th Cir. 2008) (appellate review for reasonableness of sentence)
- Gall v. United States, 552 U.S. 38 (2007) (framework for procedural and substantive reasonableness review)
- United States v. Tome, 611 F.3d 1371 (11th Cir. 2010) (burden on challenger to show sentence unreasonable under § 3553(a))
- United States v. Clay, 483 F.3d 739 (11th Cir. 2007) (district court discretion on weight of § 3553(a) factors)
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (en banc) (grounds for abuse of discretion in sentencing)
- United States v. Hunt, 526 F.3d 739 (11th Cir. 2008) (expectation that within‑guidelines sentence is reasonable)
- United States v. Gonzalez, 550 F.3d 1319 (11th Cir. 2008) (sentence below statutory maximum is an indicator of reasonableness)