United States v. Shepard, 2011 U.S. App. LEXIS 20032

In February 2009, district court sentenced Shepard to 5 years of probation after he pled guilty to aiding and abetting the filing of a false tax return and Pell Grant fraud.
Probation officer notified the court that Shepard violated three probation conditions: fiduciary capacity, committing a federal, state, or local crime, and answering truthfully all inquiries.
At revocation, government evidence showed Shepard sold interests in his business to investors via promissory notes, indicating fiduciary conduct.
Evidence also showed Shepard committed securities fraud by misrepresenting his company to investors and mailed misleading statements to investors in another company he owned.
Shepard testified the probation officer knew of his businesses, statements were not misleading, and he denied lying, though admitted omissions; the court found violations and considered guidelines and 3553(a) factors.
The district court sentenced Shepard to the statutory maximum of 60 months, stating he was a real threat, his conduct was brazen, and he was unlikely to change, declining the advisory 4–10 month range.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Were probation violations proven?	Shepard argues no violations occurred.	Government argues violations were established.	Yes, violations proven.
Is the revocation sentence substantively reasonable?	Shepard contends the 60-month sentence is disproportionate.	Government contends the sentence within district court discretion and consistent with factors.	Sentence affirmed; not unreasonable.

United States v. Leigh, 276 F.3d 1011 (8th Cir.2002) (abuse-of-discretion standard for probation revocation)
United States v. Meyer, 483 F.3d 865 (8th Cir.2007) (factual findings reviewed for clear error)
United States v. Miller, 557 F.3d 919 (8th Cir.2009) (abuse-of-discretion standard for revocation sentences; consideration of §3553(a) factors)