USA v. Lawrence Dawson

Filing

Opinion issued by court as to Appellant Lawrence Dawson. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 16-16034

Date Filed: 05/24/2017

Page: 1 of 5

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-16034
Non-Argument Calendar
________________________
D.C. Docket No. 2:10-cr-00016-RWS-SSC-3

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAWRENCE DAWSON,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(May 24, 2017)
Before TJOFLAT, HULL and WILSON, Circuit Judges.
PER CURIAM:

Case: 16-16034

Date Filed: 05/24/2017

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Lawrence Dawson, through counsel, appeals the District Court’s 366-day
sentence of imprisonment from an order revoking supervised release pursuant to 18
U.S.C. § 3583(e)(3). On appeal, Dawson argues only that his newly imposed
sentence is substantively unreasonable. After review of the record and
consideration of the parties’ briefs, we affirm.
We review sentences imposed following the revocation of supervised release
for reasonableness under a highly deferential abuse-of-discretion standard. See
United States v. Vandergrift, 754 F.3d 1303, 1307 (11th Cir. 2014); United States
v. Early, 686 F.3d 1219, 1221 (11th Cir. 2012).1
In reviewing for substantive reasonableness, we examine the totality of the
circumstances and ask whether the statutory factors set forth in § 3553(a) support
the sentence in question. United States v. Gonzalez, 550 F.3d 1319, 1324 (11th
Cir. 2008). The weight accorded any particular § 3553(a) factor is a matter
committed to the sound discretion of the district court. United States v. Clay, 483
F.3d 739, 743 (11th Cir. 2007). Although we do not presume that a sentence

1

The defendant here did not object to his sentence below, a circumstance ordinarily
resulting in plain error review. United States v. Johnson, 451 F.3d 1239, 1242 (11th Cir. 2006).
However, the record reveals the District Court failed to provide the defendant an opportunity to
object during sentencing. Accordingly, we decline the Government’s invitation to engage only
in plain error review. See id. (declining to review an Eighth Amendment claim for plain error,
because the district court did not give the defendant an opportunity to object). The record in this
case is sufficient for meaningful appellate review, and Dawson does not independently raise the
District Court’s failure to allow him an opportunity to object as error, so we need not remand to
give him an opportunity to properly object to his sentence. Id.
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falling within the guideline range is reasonable, we ordinarily expect such a
sentence to be reasonable. United States v. Hunt, 526 F.3d 739, 746 (11th Cir.
2008). A sentence imposed well below the statutory maximum penalty also
indicates that the sentence is reasonable. See Gonzalez, 550 F.3d at 1324 (holding
that a within-guideline sentence was reasonable, in part, because it was well below
the allowable statutory maximum).
Under 18 U.S.C. § 3583(e), a court may revoke supervised release and
impose a term of imprisonment, if, after considering certain factors set forth in 18
U.S.C. § 3553(a), it finds by a preponderance of the evidence that the defendant
violated a term of supervised release. 18 U.S.C. § 3583(e).2 In the revocation
hearing below, Dawson admitted to committing two Grade C violations of his
supervised release by failing to notify his probation officer within 72 hours of a
change in residence and failing to submit required written reports to the United
States Parole Office for the months of September and October 2015. The
guideline range for a Class C parole violation committed by a defendant, like
Dawson, originally sentenced with a criminal history category of V is 7 to 13
months imprisonment. U.S.S.G § 7B1.4. Dawson is exposed to a statutory
2

Further, revoking supervised release is generally appropriate in the case of a Grade C
parole violation by a defendant who was previously allowed to continue on supervised release
after committing a parole violation. Dawson does not dispute that he previously violated the
terms of his parole by among other things, failing to report to his Probation Officer as directed
and failing to report a change in employment within 72 hours. The district court modified the
terms of Dawson’s supervised release to include a cognitive skills program in response to these
previous violations.
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maximum of two years imprisonment because his original conviction was for a
violation of 18 U.S.C. § 922(g), a Class C felony. See 18 U.S.C. § 3583(e)(3)
(explaining a maximum of two years imprisonment is allowable following
revocation of supervised release for commission of a Class C felony); 18 U.S.C. §
924(a)(2) (providing for a ten year maximum term of imprisonment for the
violation of 18 U.S.C. § 922(g)); 18 U.S.C. § 3559(a)(3) (identifying as Class C
felonies crimes punishable by a term of imprisonment between ten and twenty five
years).
Based on these uncontested findings by the District Court, Dawson’s 366day revocation sentence is substantively reasonable. 3 Dawson’s sentence was
within the guideline range of 7 to 13 months of imprisonment for a Grade C parole
violation and well below the two-year statutory maximum. See Hunt, 526 F.3d at
746 (explaining we expect a sentence imposed within the appropriately calculated
guideline range to be reasonable); Gonzalez, 550 F.3d at 1324 (holding that a
within-guideline sentence was reasonable, in part because it was well below the
statutory maximum). The district court also properly considered the § 3553(a)

3

Although we normally address procedural guideline errors before evaluating the substantive
reasonableness of a sentence, we will not reach out to address a possible procedural error where,
as here, the party fails to raise the issue on appeal. United States v. Hayes, 762 F.3d 1300, 1310
(11th Cir. 2014). Dawson’s primary argument on appeal is that the sentence he received was
substantively unreasonable because the District Court considered a Grade B parole violation he
may not have actually committed. This argument fails because we find the sentence imposed by
the District Court substantively reasonable even if we completely disregard any potential Grade
B parole violation Dawson may have committed.
4

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factors in reviewing Dawson’s repeated failures to communicate with his probation
officer, as evidenced by his prior violations of the terms of his parole, explaining
that Dawson exhibited a total disregard of his responsibilities on supervised
release. See Gonzalez, 550 F.3d at 1324 (explaining the district court need not
explicitly consider all of the § 3553(a) factors so long as those factors adequately
support the imposed sentence); Clay, 483 F.3d at 743 (indicating the weight
accorded to any particular § 3553(a) factor is a matter committed to the sound
discretion of the district court). And, revocation is generally appropriate in the
case of a defendant who, having been continued on supervised release after one
violation, again violates the conditions of his supervision. 18 U.S.S.G. § 7B1.3,
comment. (n.1). The District Court’s decision to revoke supervised release for
Dawson, a repeat violator of the terms of his parole, and impose a within-theguidelines 366 day term of imprisonment was not error.
AFFIRMED.

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