Reported / Citable
Background
Donte Burton pleaded guilty to conspiracy to commit Hobbs Act robbery, a Class C felony. He was initially sentenced to 125 months in prison and three years of supervised release, but his prison term was later reduced to 75 months. Burton began supervised release in May 2020.
Probation subsequently alleged five violations, including committing another crime, possessing a firearm, leaving the judicial district without permission, failing to take prescribed mental-health medication, and failing to participate in mental-health treatment. At the November 2022 revocation hearing, Burton pleaded “true” to the allegation that he committed another federal, state, or local crime. The parties jointly recommended 24 months in prison, concurrent with the sentence in Case No. 1:11-cr-15, with no further supervised release; the government also orally agreed not to prosecute firearm-related conduct underlying that allegation.
The Court’s Holding
Magistrate Judge Zack Hawthorn found, based on Burton’s plea, that Burton violated a mandatory condition of supervised release. The violation was classified as Grade B, and Burton’s criminal-history category of V produced an advisory policy-statement range of 18 to 24 months. Because the underlying conviction was a Class C felony, 24 months was also the statutory maximum revocation sentence.
The magistrate judge recommended granting the petition, revoking Burton’s supervised release, and imposing 24 months in prison, concurrent with Case No. 1:11-cr-15, with no supervised release afterward. He also recommended denying Burton’s pending motion to suppress as moot. The report noted that all parties waived objections and that Burton waived his right to appear and speak before the district court imposed the recommended sentence.
Key Takeaways
- Burton’s admission that he committed another crime established a Grade B supervised-release violation.
- The recommended 24-month sentence was at the top of the advisory 18-to-24-month range and equaled the statutory maximum for revocation based on a Class C felony.
- The recommendation called for the sentence to run concurrently with Case No. 1:11-cr-15 and for no additional supervised release.
Why It Matters
The report illustrates how an admission at a revocation hearing can support revocation without a separate trial on the alleged conduct. It also shows the interaction between the nonbinding Chapter 7 policy statements, the defendant’s criminal-history category, and the statutory cap on imprisonment following revocation.
This document is a magistrate judge’s report and recommendation, not a final revocation judgment by the district judge. Because the parties waived objections and Burton waived his right to appear before sentencing, however, the district court could act on the recommendation immediately.