United States v. Torrance L. Wilkins
671 F. App'x 742
| 11th Cir. | 2016Background
- Defendant Torrance Wilkins appealed a 21-month prison sentence imposed after revocation of supervised release.
- Wilkins’s Guidelines range on revocation was 21–24 months; the district court imposed the low-end term (21 months).
- The revocation followed violations including possession of cocaine while on supervised release; underlying conviction was distribution of cocaine.
- The district court emphasized Wilkins’s extensive criminal history (recorded as 168 arrests) and that he returned to prior types of criminal conduct while on supervision.
- Wilkins argued the sentence was unreasonably harsh and that the court failed to consider his improved performance on supervision.
- The Eleventh Circuit reviewed the sentence for reasonableness and affirmed, finding the court considered relevant § 3553(a) factors.
Issues
| Issue | Wilkins’ Argument | Government/District Court Argument | Held |
|---|---|---|---|
| Reasonableness of sentence after supervised-release revocation | Sentence was unreasonably harsh; court ignored his improved supervision performance | Sentence was reasonable given criminal history and need to promote respect for law; within Guidelines | Affirmed: 21-month sentence reasonable |
| Whether district court adequately considered § 3553(a) factors | Court failed to expressly reference § 3553(a) and did not weigh mitigating supervision progress | Court addressed relevant factors (history/characteristics and need to promote respect for law) despite not citing the statute | No clear error; consideration was sufficient |
Key Cases Cited
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (en banc) (standard for reviewing substantive reasonableness of a sentence)
- United States v. Hunt, 526 F.3d 739 (11th Cir. 2008) (within-Guidelines sentences are ordinarily expected to be reasonable)
- United States v. Sweeting, 437 F.3d 1105 (11th Cir. 2006) (standard of review for supervised-release revocation sentences)