U.S. v. Rose
When a defendant violates the terms of the defendant's supervised release, the District Court possesses the authority to revoke the conditions of supervised release and order the defendant's return to prison. The government charged the defendant, Brandon Rose, with possession of a controlled substance, three grams of crack cocaine, with intent to distribute, in violation of the terms of his supervised release. The District Court sentenced Rose to 36 months in prison. Rose appealed and argued that the District Court should have found that he committed a violation that qualified as a Grade B, as opposed to a violation that qualified as a Grade A. Rose did not raise this argument before the District Court, and the 2nd Circuit reviewed for plain error. The U.S. Sentencing Guidelines categorize violations of conditions of supervised release into three grades, "A," "B" and "C." The District Court found that Rose committed a violation that qualified as a Grade A. The grade was based on the defendant's actual conduct. "Rose's conduct," wrote the 2nd Circuit, "clearly violated . . . statutes that criminalize possession of narcotics with intent to distribute [as] a Grade A violation." The 2nd Circuit added, "The district court did not err, much less plainly err, in concluding that Rose's conduct constituted a Grade A violation of the terms of his supervised release." The 2nd Circuit affirmed the judgment of the District Court, Chatigny, J.