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United States of America v. James Leon

November 23, 2011

UNITED STATES OF AMERICA, APPELLEE,
v.
JAMES LEON, DEFENDANT-APPELLANT.



Per curiam.

10-4090

United States v. Leon

Submitted: October 21, 2011

Before: JACOBS, Chief Judge, WESLEY, Circuit Judge, and SULLIVAN, District Judge.*fn1

Defendant appeals from a judgment of the United States 30 District Court for the Southern District of New York 31 following his plea of guilty to a violation of the 32 conditions of his supervised release. Defendant argues that the district court exceeded its authority by imposing a 2 post-revocation term of supervised release that extended 3 beyond the end-date of the originally imposed term of 4 supervision. In the alternative, he argues that the term of 5 supervised release was a substantively unreasonable 6 sentence.

James Leon appeals from a judgment entered in the 22 United States District Court for the Southern District of 23 New York (Kaplan, J.), following his plea of guilty to a 24 violation of the conditions of his supervised release.

The 25 initial sentence of supervised release was 60 months; on 26 revocation, he was sentenced to a new 60-month term: one 27 month of the time served in prison pre-sentence, plus 59 28 months of supervised release. Leon argues that the district 29 court exceeded its authority by imposing a post-revocation 1 term of supervised release that extended beyond the end-date 2 of the originally imposed term of supervision. In the 3 alternative, he argues that the 59-month term of supervised 4 release was a substantively unreasonable sentence. 5 Affirmed.

BACKGROUND

In 1994, James Leon pled guilty in the District of 9 Minnesota to aiding and abetting the possession of cocaine 10 with the intent to distribute and was sentenced to 192 11 months imprisonment to be followed by 60 months of 12 supervised release. After release from prison in May 2008, 13 Leon's supervision was transferred to the Southern District 14 of New York. The term of supervision was scheduled to 15 expire on May 1, 2013.

16 In early 2010, officers from the New York Police 17 Department went to Leon's apartment to arrest him for 18 possession of stolen goods. Leon fled, and was never 19 ultimately charged by state authorities. Following this 20 incident, however, Leon failed to report for a scheduled 21 office visit with his probation officer on February 16, 22 2010.

After several unsuccessful attempts to contact him, 3 1 Leon was charged with failing to report to the Probation 2 Office as directed, in violation of the conditions of his 3 supervised release, and was arrested on August 24, 2010. He 4 pled guilty to violating the conditions of his supervised 5 release.

6 At Leon's sentencing, he sought leniency as the sole 7 caregiver for an aged mother suffering from various ailments 8 and disabilities. The Government recommended a prison 9 sentence within the applicable Sentencing Guidelines range 10 of 8 to 14 months. After soliciting the parties' views 11 regarding the permissible length of supervised release that 12 Leon could be ordered to serve following any imprisonment, 13 the district court revoked Leon's 60-month term of 14 supervised release and sentenced him to time served 15 (approximately one month) to be followed by a term of 16 supervised release of 59 months, on the same terms and 17 conditions that governed his original term of supervised 18 release. Leon moved for a correction of his sentence, which 19 the district court denied. This appeal followed.

DISCUSSION

On appeal, Leon challenges the district court's 4 imposition of a 59-month term of supervised release on two 5 grounds: [1] that the court was not authorized to impose an 6 additional term of supervised release that exceeded what 7 remained of his original 60-month term of supervised release 8 at the conclusion of his post-revocation imprisonment, ...


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