United States v. Yusuf Jones, 770 F.3d 710

Jones appeals revocation sentence after fourth supervised release; argues sentence based on conduct not in written violation report provided before revocation hearing.
Guilty plea in 2010 to gun possession by user of controlled substances; initial 36 months imprisonment and 36 months supervised release.
District court modified release to residential reentry program; revocation after one month for reentry violation; sentence 30 days imprisonment and 35 months supervised release.
Second release began Aug 22, 2012; substance abuse detected within a week; removed from reentry program for false statements, disobeying orders, and unemployment; revocation and sentence 5 months imprisonment and 25 months supervised release.
Third release began Feb 26, 2013; violated electronic monitoring; charged with assault and associating with substance abusers; revocation and sentence 7 months imprisonment and 24 months supervised release.
November 7, 2013 Jones reentered supervised release; February 12, 2014 hearing addressed curfew violation and additional unnoted violations (assault on officer, false kidnapping report); court sentenced 18 months total.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sentencing on conduct not in the written notice violated Rule 32.1(b)(2)(A).	Jones (Jones) argues lack of written notice for additional violations.	Jones contends the district court failed proper notice; government argues waiver/forfeiture may apply.	No reversible error; no plain error; not prejudicial.
Whether 18-month sentence is substantively reasonable.	Jones argues sentence is excessive for minor curfew violation.	Court considered multiple violations; not a de minimis curfew; deterrence supported.	Sentence affirmed as substantively reasonable.

United States v. Olano, 507 U.S. 725 (1993) (distinguishes forfeiture from waiver; plain error review for forfeited claims)
United States v. Gutierrez, 130 F.3d 330 (8th Cir. 1997) (waived claims are unreviewable on appeal)
United States v. Taylor, 747 F.3d 516 (8th Cir. 2014) (effective waiver requires knowing and voluntary waiver)
United States v. Correa-Torres, 326 F.3d 18 (1st Cir. 2003) (waiver context does not require exact language; totality of circumstances)
United States v. Bossany, 678 F.3d 603 (8th Cir. 2012) (plain error standard applied to lack of written notice)
United States v. Sistrunk, 612 F.3d 988 (8th Cir. 2010) (no prejudice shown where lack of notice; defendant did not propose alternatives at hearing)
United States v. Jewell, 614 F.3d 911 (8th Cir. 2010) (plain error review for sentencing procedures)
United States v. Goodon, 742 F.3d 373 (8th Cir. 2014) (reasonableness standard for revocation sentences)
United States v. Beran, 751 F.3d 872 (8th Cir. 2014) (denotes deference to district court under abuse of discretion standard)