Submitted: January 14, 2015.
Appeal from a district court's sentence of the defendant principally to eighteen months' imprisonment (Wexler, J.). We conclude that the district court did not violate 18 U.S.C. § 3153(c) when it relied on positive results on drug tests administered by the Pretrial Services Agency to enhance the defendant's term of imprisonment. We therefore AFFIRM the district court's sentence as procedurally reasonable.
Leonard Lato, Hauppauge, New York, for Defendant-Appellant.
Peter A. Norling; Charles N. Rose, Assistant United States Attorneys, for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, New York, for Appellee.
Before: KATZMANN, Chief Judge, KEARSE and RAGGI, Circuit Judges.
Defendant-Appellant Shane Morrison appeals from a February 6, 2014 judgment
of the United States District Court for the Eastern District of New York (Wexler, J.) sentencing Morrison to, inter alia, eighteen months' imprisonment following his guilty plea to one count of conspiracy to distribute cocaine. Morrison argues that 18 U.S.C. § 3153(c) bars the district court's reliance on positive results on drug tests administered by the Pretrial Services Agency (" pretrial services" ) to enhance his term of imprisonment. Because the district court did not violate § 3153(c) by relying on the information from pretrial services in determining Morrison's sentence, we affirm the judgment.
On July 26, 2011, defendant Shane Morrison pleaded guilty, pursuant to a cooperation agreement with the government, to one count of conspiracy to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § § 846 and 841(b)(1)(B)(ii)(II). The parties and the district court agreed that under the U.S. Sentencing Guidelines Manual (" Guidelines" ), his total offense level was 21, his Criminal History Category was I, and his Guidelines range was 37 to 46 months' imprisonment.
On July 23, 2013, the district court held a sentencing hearing. At the hearing, the district court granted the government's motion for a reduction in Morrison's sentence pursuant to Guidelines § 5K1.1 and initially imposed a sentence of, inter alia, fifteen months' imprisonment to be followed by a four-year period of supervised release. But before the proceeding was concluded, Morrison requested that sentencing be adjourned for approximately three months; the court granted that motion and sua sponte withdrew that sentence.
Because Morrison was not remanded at the end of that sentencing proceeding, pretrial services continued to test Morrison for drug use. After his July 23, 2013 sentencing appearance, Morrison failed two drug tests -- one in December 2013 that detected the presence of cocaine, and a second a few weeks later that detected the presence of cocaine and other drugs. Pretrial services informed the district court of the results of both tests ...