United States v. Albert

05-30708 | 5th Cir. | Jun 22, 2006

Before REAVLEY, DAVIS, and PRADO, Circuit Judges. PER CURIAM:* [1]

Albert appeals the revocation of his supervised release and the thirty-six month sentence subsequently imposed. We review for abuse of discretion and affirm for the following reason.

* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

“[T] his court will uphold a sentence unless it is in violation of the law or plainly unreasonable.” United States v. Gonzalez , 250 F.3d 923" date_filed="2001-05-03" court="5th Cir." case_name="United States of America v. Modesto Gonzalez">250 F.3d 923, 925 (5th Cir. 2001) (internal citations omitted). To revoke a term of supervised release, a district court must find by a preponderance of the evidence that the defendant violated a condition of his release. 18 U.S.C. § 3583(e)(3). As a Class B felon, Albert was susceptible to three years imprisonment for violating the conditions of his supervised release. Id . The preponderance standard was easily satisfied because Albert stipulated to the Grade C supervised release violations. In light of Albert’s lengthy criminal history, this sentence is not plainly unreasonable.