United States v. George A. Pelensky

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• joining other courts of appeal in rejecting the need for a “formal waiver from a defendant who has admitted to violating the terms of probation or supervised release”
• “due process of law does not require court to elicit formal waiver from defendant who has admitted to violating terms of -4- probation”
• “[T]he court ultimately has broad 12 discretion to revoke its previous sentence and impose a term of imprisonment 13 up to the statutory maximum.” (quotation marks omitted)
• imposition of statutory maximum 36-month term of imprisonment was reasonable based on the defendant’s “consistent disregard for court orders” and “demonstrated inability to complete drug treatment outside of prison” despite five-to-eleven-month guidelines range
• “In the absence of an applicable guideline, we will uphold the district court’s sentence if (1) the district court considered the applicable policy statements; (2) the sentence is within the statutory maximum; and (3) the sentence is reasonable.” (internal quotation marks omitted)
• sentence imposed upon revocation of supervised release must be reasonable

Source: CourtListener parenthetical corpus (CC0).