United States v. Gregory Virgil Fallin, 946 F.2d 57 (8th Cir. 1991). · Go Syfert
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United States v. Gregory Virgil Fallin, 946 F.2d 57 (8th Cir. 1991). Cases Citing This Book View Copy Cite
22 citation events (4 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Alfred John Saulsgiver (ca4, 1997-02-05)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Alfred John Saulsgiver
4th Cir. · 1997 · confidence medium
United States v. Davis, 53 F.3d 638, 640 (4th Cir.1995); United States v. Hill, 48 F.3d 228, 230-32 (7th Cir.1995); United States v. Sparks, 19 F.3d 1099 , 1101 n. 3 (6th Cir.1994); United States v. Thompson, 976 F.2d 1380, 1381 (11th Cir.1992); United States v. Bermudez, 974 F.2d 12, 14 (2d Cir.1992); United States v. Headrick, 963 F.2d 777, 780 (5th Cir.1992); United States v. Lee, 957 F.2d 770, 773 (10th Cir.1992); United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Saulsgiver
4th Cir. · 1997 · confidence medium
United States v. Davis, 53 F.3d 638, 640 (4th Cir. 1995); United States v. Hill, 48 F.3d 228, 230-32 (7th Cir. 1995); United States v. Sparks , 19 F.3d 1099 , 1101 n.3 (6th Cir. 1994); United States v. Thompson , 976 F.2d 1380, 1381 (11th Cir. 1992); United States v. Bermudez, 974 F.2d 12, 14 (2d Cir. 1992); United States v. Headrick, 963 F.2d 777, 780 (5th Cir. 1992); United States v. Lee, 957 F.2d 770, 773 (10th Cir. 1992); United States v. Fallin, 946 F.2d 57, 58 (8th Cir. 1991).
discussed Cited as authority (rule) United States v. Kent Neal
4th Cir. · 1996 · confidence medium
United States v. Davis, 53 F.3d 638 (4th Cir.1995); United States v. Hill, 48 F.3d 228 (7th Cir.1995); United States v. Sparks, 19 F.3d 1099 , 1101 n. 3 (6th Cir.1994); United States v. Thompson, 976 F.2d 1380, 1381 (11th Cir.1992); United States v. Bermudez, 974 F.2d 12, 14 (2d Cir.1992); United States v. Headrick, 963 F.2d 777, 780 (5th Cir.1992); United States v. Lee, 957 F.2d 770, 773 (10th Cir.1992); United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Neal
4th Cir. · 1996 · confidence medium
United States v. Davis, 53 F.3d 638 (4th Cir. 1995); United States v. Hill, 48 F.3d 228 3 (7th Cir. 1995); United States v. Sparks, 19 F.3d 1099 , 1101 n. 3 (6th Cir. 1994); United States v. Thompson, 976 F.2d 1380, 1381 (11th Cir. 1992); United States v. Bermudez, 974 F.2d 12, 14 (2d Cir. 1992); United States v. Headrick, 963 F.2d 777, 780 (5th Cir. 1992); United States v. Lee, 957 F.2d 770, 773 (10th Cir. 1992); United States v. Fallin, 946 F.2d 57, 58 (8th Cir. 1991).
discussed Cited as authority (rule) United States v. Walter Edward Williams
4th Cir. · 1995 · confidence medium
United States v. Davis, 53 F.3d 638 (4th Cir.1995); United States v. Hill, 48 F.3d 228 (7th Cir.1995); United States v. Sparks, 19 F.3d 1099 , 1101 n. 3 (6th Cir.1994); United States v. Thompson, 976 F.2d 1380, 1381 (11th Cir.1992); United States v. Bermudez, 974 F.2d 12, 14 (2d Cir.1992); United States v. Headrick, 963 F.2d 777, 780 (5th Cir.1992); United States v. Lee, 957 F.2d 770, 773 (10th Cir.1992); United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Larry A. Hensley (2×) also: Cited "see"
8th Cir. · 1994 · confidence medium
Section 3553(a) requires, among other things, that the court consider “any pertinent policy statement ... in effect on the date the defendant is sentenced.” Id. § 3553(a)(5); United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Jimmy Dale Lee (2×) also: Cited "see"
10th Cir. · 1992 · confidence medium
See 18 U.S.C. § 3553 (a) (“The court, in determining the particular sentence to be imposed, shall consider ... any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2).”) (emphasis added); see also Ayers, 946 F.2d at 1130 (“Even if the policy statements are not binding on the courts, the court should consider them in sentencing defendants.”); United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991) (district court should have considered the policy statements); United States v. Anderson, 942 F.2d 606 , 610 n. 4 (9th Cir.1991) (en banc) (must con…
examined Cited as authority (rule) United States v. Ronald Leland Kelley, United States of America v. Rodney Ray Jiruska (6×) also: Cited "see"
8th Cir. · 1992 · confidence medium
Instead, Congress provided that a sentencing court need only "consider" applicable policy statements when imposing sentence. 2 See, e.g., United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991) (district court should have "considered" the policy statements in chapter seven when revoking defendant's supervised release); United States v. Blackston, 940 F.2d 877, 893 (3d Cir.1991) ("Consistent with the 'advisory' nature of the Chapter 7 policy statements, the district court, in sentencing a defendant whose supervised release has been revoked, is required only to 'consider ' any pertinent policy s…
cited Cited "see" United States v. Veretto
10th Cir. · 2001 · signal: see · confidence high
See United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991).
discussed Cited "see, e.g." United States v. Ida Bermudez
2d Cir. · 1992 · signal: see also · confidence medium
See United States v. Headrick, 963 F.2d 777, 782 (5th Cir.1992) (dis trict court appropriately considered relevant policy statements); United States v. Cohen, 1992 WL 106940, at 3 , 965 F.2d 58, 61 (6th Cir.1992) (“policy statements ... must be considered ... in rendering a sentence for a violation of supervised release”); Lee, 957 F.2d at 774 (same); Blackston, 940 F.2d at 893 (same); see also United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991) (per curiam) (policy statements “should” be considered).
cited Cited "see, e.g." United States v. George Alan Ayers
5th Cir. · 1991 · signal: see also · confidence medium
See also United States v. Fallin, 946 F.2d 57, 58 (8th Cir.1991); United States v. Blackston, 940 F.2d 877, 892-94 (3rd Cir.1991). *1131 2.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Gregory Virgil FALLIN, Appellant
91-1017.
Court of Appeals for the Eighth Circuit.
Sep 23, 1991.
946 F.2d 57
Andrea K. George, Minneapolis, Minn., for appellant., James E. Lackner and Paul B. Anderson, Minneapolis, Minn., for appellee.
Fagg, Gibson, Wollmam.
Cited by 13 opinions  |  Published
PER CURIAM.

Gregory Virgil Fallin appeals the sentence the district court imposed following the revocation of Fallin’s supervised release. We affirm.

Following his escape conviction, see 18 U.S.C. § 751(a) (1988), Fallin was sentenced in January 1989 to six months confinement and two years supervised release, see U.S.S.G. § 2P1.1. In August 1990 a revocation hearing was held because Fallin violated the conditions of his supervised release. The district court extended Fallin’s[*58] supervised release by one year. See 18 U.S.C. § 3583(e)(2) (1988).

Fallin committed the identical violation of his supervised release as before, and in December 1990, the district court revoked Fallin’s release. See id. § 3583(e)(3). Noting that Fallin had been “given a break” at his first revocation hearing, the court sentenced Fallin to serve in prison his two-year term of supervised release, with credit for time spent in custody on the supervised release violations. Id.

On appeal Fallin agrees revocation of his supervised release was appropriate; however, he contends the district court committed error in failing to consider the Sentencing Guidelines’ policy statements concerning revocation of supervised release. See U.S.S.G. §§ 7B1.1-.4 (November 1990). Fallin relies on 18 U.S.C. § 3583(e), which directs the district court to consider various factors listed in 18 U.S.C. § 3553(a), including “any pertinent policy statement issued by the Sentencing Commission.” Id. § 3553(a)(5). Essentially, Fallin complains the sentence imposed by the district court is greater than the recommended sentencing range set out in the policy statement’s revocation table, U.S.S.G. § 7B1.4(a)(2).

We agree the district court should have considered the policy statements in chapter seven of the guidelines when sentencing Fallin after the revocation of his supervised release. Any error resulting from the district court’s oversight was harmless, however. Given Fallin’s blatant defiance of the court-ordered terms of his supervised release, we believe the district court properly sentenced Fallin to an appropriate term of imprisonment within the statutory maximum. See 18 U.S.C. § 3583(e)(3); see also United States v. Smeathers, 930 F.2d 18, 19 (8th Cir.1991) (upholding sentence on revocation of supervised release that was longer than initial sentence). Thus, no useful purpose would be served by remanding Fallin’s case to the district court for resentencing.

Accordingly, we affirm.