Professional Documents
Culture Documents
No. 10-4964
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:10-cr-00249-GBL-1)
Submitted:
Decided:
April 8, 2011
PER CURIAM:
Nathan Daniel Larson appeals the judgment and amended
judgment revoking supervised release.
twenty-four
month
sentence
was
procedurally
unreasonable;
vacate
duration
of
supervised
judgment
and
remand
limited
that
purpose
of
portion
of
release,
the
case
entry
of
to
the
judgment
vacate
the
final
the
stating
courts
district
judgment
court
the
amended
for
the
reflecting
the
court
will
affirm
sentence
imposed
after
United
States v. Crudup, 461 F.3d 433, 437, 439-40 (4th Cir. 2006).
determining
unreasonable,
whether
the
court
unreasonableness,
revocation
first
follow[ing]
sentence
assesses
generally
the
the
is
In
plainly
sentence
for
procedural
and
Id. at 438.
2
A revocation sentence is
procedurally
reasonable
if
Guidelines
Chapter
advisory
the
district
policy
court
considered
statements
and
the
the
is
a
substantively
proper
basis
Id. at 440.
reasonable
for
concluding
if
the
the
A revocation
district
defendant
court
should
if
sentence
is
found
procedurally
or
Id.
substantively
Id. at 439.
A sentence is plainly
Id.
claim
that
the
district
court
failed
to
an
error,
(2)
is
plain,
(3)
Id.
plain
the
this
court
affected
the
that
and
will
correct
Even if there is
error
only
if
it
of
the
proceedings.
(1993).
Given
the
United
clear
States
intent
of
v.
Olano,
the
507
district
U.S.
725
court
to
Although the
See United
States v. Shank, 395 F.3d 466, 469 (4th Cir. 2005) (sentencing
court
lacks
jurisdiction
to
correct
sentence
outside
the
amended judgment.
We affirm the judgment in all respects except for the
length of supervised release.
adequately
because
presented
in
the
the
facts
and
materials
We dispense with
legal
contentions
before
the
court
are
and
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED