A district court does not abuse its discretion by imposing an upward variance from Chapter 7 sentencing guidelines because those policy statements are merely advisory.
After a defendant's probation was revoked for multiple violations, the district court imposed a 24-month sentence. The defendant argued the court erred by using his age at the time of the revocation hearing rather than his age at the time of the original sentencing to determine the maximum term of detention under 18 U.S.C. § 5037. The court holds that the plain language of the statute, which uses the present tense to describe age categories, requires using the defendant's age at the time of the revocation hearing. Additionally, the court finds no abuse of discretion in exceeding the Chapter 7 sentencing guidelines because those policy statements are advisory and the court provided specific reasons for the sentence.
At page 799 Advisory nature of probation guidelines and upward variance justification76 citing cases“we have consistently held that the policy statements of chapter 7 are merely advisory and not binding.”
- United States v. Hernandez-Casa, No. 09-13385 (11th Cir. Mar. 18, 2010).unpublished(While the district court is required to consider the policy statements [of Chapter 7], it is not bound by them.)
- United States v. Moon Seals, 156 F.4th 1065 (10th Cir. 2025).publishedSee United States v. Huffman, No. 22-4165, 2023 WL 4700644 , at *2 (4th Cir. July 24, 2023) (unpublished) (per curiam); United States v. Vanover, 831 F. App’x 71 , 74 (4th Cir. 2020); United States v. Arnold, 810 F. App’x 337 (Sth Cir. 202…
- United States v. Ernest Jenkins, No. 23-11186 (11th Cir. Mar. 1, 2024).unpublishedWe, however, have “consistently held that the policy USCA11 Case: 23-11186 Document: 28-1 Date Filed: 03/01/2024 Page: 5 of 5 statements of Chapter 7 are merely advisory and not binding.” United States v. Silva, 443 F.3d 795, 799 (11th Cir…
- United States v. Jasmin Marrero, No. 22-14305 (11th Cir. Aug. 9, 2023).unpublishedId. § 3583(e); United States v. Silva, 443 F.3d 795, 799 (11th Cir. 2006).
- United States v. Jason M. Moriarty, No. 21-14099 (11th Cir. May 22, 2023).unpublishedWe have “consistently held that the policy statements of Chapter 7 are merely advisory and not binding.” United States v. Silva, 443 F.3d 795, 799 (11th Cir. 2006).
- Gonzalez v. United States, No. 8:19-cv-01033 (M.D. Fla. Sept. 23, 2022).“Chapter 7 of the Sentencing Guidelines governs violations of probation and contains policy statements, one of which provides recommended ranges of imprisonment applicable upon revocation.” United States v. Silva, 443 F.3d 795, 799 (11th C…
- United States v. Luis Libed, No. 20-10760 (11th Cir. Mar. 23, 2021).unpublishedAmong other sentencing factors, the district court had to consider “any pertinent policy statement.” Id. § 3553(a)(5); United States v. Silva, 443 F.3d 795, 799 (11th Cir. 2006).
- United States v. Didier Velazquez-Calderon, No. 19-11419 (11th Cir. Jan. 24, 2020).unpublished(upholding an upwards variance from 3–9 months to 24 months where defendant had violated his probation conditions multiple times)
- United States v. Jasmin Banks, No. 19-10277 (11th Cir. June 20, 2019).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir. 2006).
- United States v. Lorenzo Antonio Roberson, No. 18-13330 (11th Cir. Mar. 20, 2019).unpublished United States v. Silva, 443 F.3d 795, 799 (11th Cir. 2006).
Show 66 more citing cases
- United States v. Brittany Voncia Jones, No. 17-12478 (11th Cir. Jan. 30, 2018).unpublishedThe district court may in its discretion give greater weight to some factors over others, United States v. Rosales-Bruno, 789 F.3d 1249, 1254 (11th Cir. 2015), and the court is not bound by the guideline range established by the Sentencing…
- United States v. Kareem Jackson, 675 F. App'x 920 (11th Cir. 2017).unpublished United States v. Silva, 443 F.3d 795, 799 (11th Cir. 2006).
- United States v. Joshua Brewer, 649 F. App'x 934 (11th Cir. 2016).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006); see also U.S.S.G.
- United States v. Brian Lett, 649 F. App'x 824 (11th Cir. 2016).unpublished United States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. Gutierrez, 643 F. App'x 948 (11th Cir. 2016).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. Arnold Knight, 604 F. App'x 886 (11th Cir. 2015).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. Jamaal Singleton, 580 F. App'x 833 (11th Cir. 2014).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. John Jeffery Carr, 573 F. App'x 840 (11th Cir. 2014).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006); U.S.S.G. § 7B1.4.
- United States v. Kelvin Smith, 571 F. App'x 938 (11th Cir. 2014).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. Juan Manuel Don-Silva, 565 F. App'x 852 (11th Cir. 2014).unpublished United States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. Tru Yusufu Weusi Olusola, 564 F. App'x 466 (11th Cir. 2014).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006); U.S.S.G. § 7B1.4. *473 “We review the sentence imposed upon revocation of supervised release for reasonableness.” United States v. Velasquez Velasquez, 524 F.3d 1248, 1252 (11th Ci…
- United States v. Nabetse Dearmas, 556 F. App'x 854 (11th Cir. 2014).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006); U.S.S.G. § 7B1.4.
- United States v. Kelvin Tremayne White, 556 F. App'x 804 (11th Cir. 2014).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. Keaton Lamar Johnson, 550 F. App'x 766 (11th Cir. 2013).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006); U.S.S.G. § 7B1.4.
- United States v. James E. Davis, 549 F. App'x 924 (11th Cir. 2013).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006).
- United States v. Credice Freeman, 535 F. App'x 856 (11th Cir. 2013).unpublishedA district court may revoke a term of supervised release and impose a term of imprisonment after considering certain factors in § 3553(a) and the advisory ranges of imprisonment in Chapter 7 of the Sentencing Guidelines. 2 18 U.S.C. § 3583…
- United States v. Sherwin Howard, 516 F. App'x 885 (11th Cir. 2013).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006); U.S.S.G. § 7B1.4.
- United States v. David Subil, 495 F. App'x 963 (11th Cir. 2012).unpublishedUnited States v. Silva, 443 F.3d 795, 799 (11th Cir.2006) (citing U.S.S.G. § 7B1.4).
- United States v. Richard Carl Rowe, III, 262 F. App'x 117 (11th Cir. 2008).unpublished
- United States v. Beniamino Angelo Guarino, 284 F. App'x 739 (11th Cir. 2008).unpublished
- United States v. Kwanfe Thornton Taylor, 297 F. App'x 953 (11th Cir. 2008).unpublished
- United States v. Richardson Boco, 300 F. App'x 863 (11th Cir. 2008).unpublished
- United States v. Wrobel, 361 F. App'x 939 (10th Cir. 2010).unpublished
- United States v. Rigorberto Monteagudo, 422 F. App'x 862 (11th Cir. 2011).unpublished
- United States v. Joseph Lee Williams, 361 F. App'x 45 (11th Cir. 2010).unpublished
- United States v. Arthur Steven Rich, 359 F. App'x 130 (11th Cir. 2010).unpublished
- United States v. Michael John Anthony Hutchinson, 180 F. App'x 74 (11th Cir. 2006).unpublished
- United States v. Jose Lazaro Robaina, 194 F. App'x 735 (11th Cir. 2006).unpublished
- United States v. Keith Lamar Webb, 238 F. App'x 477 (11th Cir. 2007).unpublished
- United States v. Eddie Adonis Garnett, 238 F. App'x 527 (11th Cir. 2007).unpublished
- United States v. Christopher Canham, 239 F. App'x 536 (11th Cir. 2007).unpublished
- United States v. Keaton Lamar Johnson, 270 F. App'x 769 (11th Cir. 2008).unpublished
- United States v. Oscar Garcia-Gomez, 294 F. App'x 515 (11th Cir. 2008).unpublished
- United States v. John Wesley Mobley, 295 F. App'x 940 (11th Cir. 2008).unpublished
- United States v. Chad Freeman, 336 F. App'x 884 (11th Cir. 2009).unpublished
- United States v. Matthew Glasscock, 341 F. App'x 513 (11th Cir. 2009).unpublished
- United States v. Terrance Malloy, 394 F. App'x 550 (11th Cir. 2010).unpublished
- United States v. Jermaine Jerwon Freeman, 396 F. App'x 674 (11th Cir. 2010).unpublished
- United States v. Doris Trapp, 396 F. App'x 671 (11th Cir. 2010).unpublished
- United States v. Prince, 400 F. App'x 547 (11th Cir. 2010).unpublished
- United States v. Duncan, 419 F. App'x 894 (11th Cir. 2011).unpublished
- United States v. Radanis Myshon Kirksey, 425 F. App'x 858 (11th Cir. 2011).unpublished
- United States v. Gerardo Pendas, 427 F. App'x 847 (11th Cir. 2011).unpublished
- United States v. Joseph J. Italiano, 436 F. App'x 958 (11th Cir. 2011).unpublished
- United States v. Samuel Cash, Jr., 455 F. App'x 942 (11th Cir. 2012).unpublished
- United States v. Byron Sherrod Rainner, 461 F. App'x 864 (11th Cir. 2012).unpublished
- United States v. Jose Cruz Solis, Jr., 460 F. App'x 829 (11th Cir. 2012).unpublished
- United States v. Reid Kelsey Black, 486 F. App'x 79 (11th Cir. 2012).unpublished
- United States v. Morris Mitchell Parham, 488 F. App'x 391 (11th Cir. 2012).unpublished
- United States v. William Larry Easterwood, 491 F. App'x 98 (11th Cir. 2012).unpublished
- United States v. Luis Ernesto Hernandez-Arellano, 518 F. App'x 796 (11th Cir. 2013).unpublished
- United States v. Juan Gutierrez, 613 F. App'x 882 (11th Cir. 2015).unpublished
- United States v. Wallace Malone, 404 F. App'x 964 (6th Cir. 2010).unpublished
- United States v. Antwon Joshua Wesley, 441 F. App'x 655 (11th Cir. 2011).unpublished
- United States v. Jimmie Kitchen, 370 F. App'x 74 (11th Cir. 2010).unpublished
- United States v. Douglas Vincent Keechle, 366 F. App'x 82 (11th Cir. 2010).unpublished
- United States v. Eugene Garner, 323 F. App'x 763 (11th Cir. 2009).unpublished
- United States v. Ramirez Williams, 322 F. App'x 846 (11th Cir. 2009).unpublished
- United States v. Ronald Duane Smith, 319 F. App'x 845 (11th Cir. 2009).unpublished
- United States v. Marshall Newsome, 307 F. App'x 271 (11th Cir. 2009).unpublished
- United States v. Roberto R. Sosa, 642 F. App'x 948 (11th Cir. 2016).unpublished
- United States v. Shannon Parks, 823 F.3d 990 (11th Cir. 2016).published
- United States v. Everett Jerome Tripodis, 708 F. App'x 553 (11th Cir. 2017).unpublished
- United States v. Larry Dresean Bryant, 809 F. App'x 609 (11th Cir. 2020).unpublished
- United States v. William Carson, Jr., No. 23-13329 (11th Cir. July 11, 2024).unpublished
- United States v. Rhasheel Charles, No. 24-10662 (11th Cir. Feb. 10, 2025).unpublished
At page 798 Interpreting juvenile detention age under plain statutory language56 citing cases“we should not interpret a statute in a manner inconsistent with the plain language of the statute, unless doing so would lead to an absurd result.”
- In re Allstar Props., LLC, No. 25-41314 (Bankr. N.D. Ga. June 15, 2026).(If the statute's meaning is plain and unambiguous, there is no need for further inquiry.)
- Lewis v. Internal Revenue Serv. (In re Lewis), 557 B.R. 233 (M.D. Ala. 2016).publishedThe Court “should not interpret a statute in a manner inconsistent with the plain language of the statute, unless doing so would lead to an absurd result.” United States v. Silva, 443 F.3d 795, 798 (11th Cir.2006) (citing United States v.…
- United States v. Ashley Lamar Lindsey, 649 F. App'x 877 (11th Cir. 2016).unpublishedUnited States v. Silva, 443 F.3d 795, 798 (11th Cir.2006).
- United States v. Maurice Harris, 613 F. App'x 871 (11th Cir. 2015).unpublishedSee Gall v. United States, 552 U.S. 38, 41 , 128 S.Ct. 586, 591 , 169 L.Ed.2d 445 (2007); United States v. Silva, 443 F.3d 795, 798 (11th Cir.2006).
- Arthurs v. Global TPA LLC, 208 F. Supp. 3d 1260 (M.D. Fla. 2015).publishedTRW Inc. v. Andrews, 534 U.S. 19, 28-29, 31 , 122 S.Ct. 441 , 151 L.Ed.2d 339 (2001); United States v. Silva, 443 F.3d 795, 798 (11th Cir.2006) (per curiam).
- RB Jai Alai, LLC v. Sec'y of the Florida Dep't of Transp., 47 F. Supp. 3d 1353 (M.D. Fla. 2014).publishedUnited States v. Silva, 443 F.3d 795, 797-98 (11th Cir.2006) (per curiam).
- United States v. Cleveland A. Griffin, 529 F. App'x 980 (11th Cir. 2013).unpublishedSee United States v. Sweeting, 437 F.3d 1105, 1106-07 (11th Cir.2006); United States v. Silva, 443 F.3d 795, 798 (11th Cir.2006).
- United States v. Dodge, 566 F.3d 976 (11th Cir. 2009).published
- United States v. Dodge, 566 F.3d 976 (11th Cir. 2010).published
- United States v. One 1990 Beechcraft, 619 F.3d 1275 (11th Cir. 2010).published
Show 44 more citing cases
- Herrin v. GreenTree-Al, LLC, 376 B.R. 316 (S.D. Ala. 2007).published
- Moss v. GreenTree-Al, LLC, 378 B.R. 655 (S.D. Ala. 2007).published
- United States v. Dodge, 554 F.3d 1357 (11th Cir. 2009).published
- United States v. Dodge, 597 F.3d 1347 (11th Cir. 2010).published
- United States v. Mack Ray Herrin, Jr., 200 F. App'x 865 (11th Cir. 2006).unpublished
- United States v. Mitzel Rios, 215 F. App'x 904 (11th Cir. 2007).unpublished
- United States v. Christopher Jackson, 220 F. App'x 941 (11th Cir. 2007).unpublished
- United States v. Ervin Bernard Earl, 220 F. App'x 899 (11th Cir. 2007).unpublished
- United States v. Lamoris Lackey, 228 F. App'x 874 (11th Cir. 2007).unpublished
- United States v. David Keith Johnston, 237 F. App'x 534 (11th Cir. 2007).unpublished
- United States v. James Christopher Turk, 240 F. App'x 859 (11th Cir. 2007).unpublished
- United States v. Daron Anton Smith, 239 F. App'x 524 (11th Cir. 2007).unpublished
- United States v. Emory Linhart Lariscy, 244 F. App'x 978 (11th Cir. 2007).unpublished
- United States v. Earl Joseph Zeigler, 251 F. App'x 631 (11th Cir. 2007).unpublished
- United States v. Travis Cork, 249 F. App'x 168 (11th Cir. 2007).unpublished
- United States v. Quiana Riggins, 255 F. App'x 401 (11th Cir. 2007).unpublished
- United States v. Kevin A. Stevens, 253 F. App'x 902 (11th Cir. 2007).unpublished
- United States v. Richard Carl Rowe, III, 262 F. App'x 117 (11th Cir. 2008).unpublished
- United States v. Kenie Alexander James, 266 F. App'x 848 (11th Cir. 2008).unpublished
- United States v. Roy Shane Jackson, 273 F. App'x 828 (11th Cir. 2008).unpublished
- United States v. Jolancke Reid, 275 F. App'x 911 (11th Cir. 2008).unpublished
- United States v. Beniamino Angelo Guarino, 284 F. App'x 739 (11th Cir. 2008).unpublished
- United States v. Kwanfe Thornton Taylor, 297 F. App'x 953 (11th Cir. 2008).unpublished
- United States v. Quincy Levell Myers, 297 F. App'x 902 (11th Cir. 2008).unpublished
- United States v. Richardson Boco, 300 F. App'x 863 (11th Cir. 2008).unpublished
- United States v. Fred Crenshaw, III, 315 F. App'x 166 (11th Cir. 2008).unpublished
- United States v. Richard Brooks Nelson, 334 F. App'x 209 (11th Cir. 2009).unpublished
- United States v. Ines Hernandez-Zaldivar, 342 F. App'x 571 (11th Cir. 2009).unpublished
- United States v. Abiodum Aremu Balogun, 342 F. App'x 530 (11th Cir. 2009).unpublished
- United States v. Segarra, 582 F.3d 1269 (11th Cir. 2009).published
- United States v. Tate, 586 F.3d 936 (11th Cir. 2009).published
- Edison v. Douberly, 604 F.3d 1307 (11th Cir. 2010).published
- United States v. Wrobel, 361 F. App'x 939 (10th Cir. 2010).unpublished
- United States v. Lewis, 400 F. App'x 480 (11th Cir. 2010).unpublished
- United States v. Donnette L. Fincher, 414 F. App'x 228 (11th Cir. 2011).unpublished
- United States v. Detrich Demond Waller, 419 F. App'x 909 (11th Cir. 2011).unpublished
- United States v. Rigorberto Monteagudo, 422 F. App'x 862 (11th Cir. 2011).unpublished
- United States v. Zachery Talley, 442 F. App'x 518 (11th Cir. 2011).unpublished
- United States v. Freddie Lee Murphy, 463 F. App'x 871 (11th Cir. 2012).unpublished
- United States v. M.R.M., 513 F.3d 866 (8th Cir. 2008).published
- Nedzad Miljkovic v. Shafritz & Dinkin, P.A., 791 F.3d 1291 (11th Cir. 2015).published
- United States v. Tommy Jones, 439 F. App'x 818 (11th Cir. 2011).unpublished
- United States v. Alex Tyrone McNair, 429 F. App'x 882 (11th Cir. 2011).unpublished
- United States v. Charles Edward Mitchell, 317 F. App'x 963 (11th Cir. 2009).unpublished
At page 797 Determining age for probation based on sentencing timing32 citing cases(c). 1 The length of probation or detention depends on the age of the juvenile. For instance, a term of official detention for a juvenile delinquent “who is…
- Zambrano, No. 1:25-cv-23565 (S.D. Fla. Feb. 5, 2026). Therefore, [t]he first rule in statutory construction is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006);…
- Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd., No. 1:19-cv-23591 (S.D. Fla. Dec. 30, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. Carnival Corp., No. 1:19-cv-21724 (S.D. Fla. Aug. 31, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. Royal Caribbean Cruises, LTD., No. 1:19-cv-23590 (S.D. Fla. Aug. 31, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. MSC Cruises SA CO, No. 1:19-cv-23588 (S.D. Fla. Aug. 31, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd., No. 1:19-cv-23591 (S.D. Fla. Aug. 31, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. MSC Cruises SA CO, No. 1:19-cv-23588 (S.D. Fla. June 22, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. Carnival Corp., No. 1:19-cv-21724 (S.D. Fla. June 22, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. Royal Caribbean Cruises, LTD., No. 1:19-cv-23590 (S.D. Fla. June 22, 2022).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Rosa v. Harper's Air, No. 1:19-cv-24148 (S.D. Fla. Oct. 29, 2020).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” U.S. v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
Show 21 more citing cases
- United States v. Schwarzbaum, No. 9:18-cv-81147 (S.D. Fla. May 18, 2020).If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” U.S. v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted); see Hartford Underwriters Ins.
- Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd., 431 F. Supp. 3d 1375 (S.D. Fla. 2020).publishedIf the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” U.S. v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted).
- Havana Docks Corp. v. MSC Cruises SA CO, 431 F. Supp. 3d 1367 (S.D. Fla. 2020).publishedIf the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” U.S. v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted).
- Mejia v. Ocwen Loan Servicing, LLC, 703 F. App'x 860 (11th Cir. 2017).unpublishedIf the statute's meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Silva, 443 F.3d 795, 797-98 (11th Cir. 2006) (internal quotations omitted).
- RB Jai Alai, LLC v. Sec'y of the Florida Dep't of Transp., 47 F. Supp. 3d 1353 (M.D. Fla. 2014).publishedUnited States v. Silva, 443 F.3d 795, 797-98 (11th Cir.2006) (per curiam).
- In re Warren Lee Hill, Jr., 715 F.3d 284 (11th Cir. 2013).publishedIf the statute’s meaning is plain and unambiguous, there is no need for further inquiry.’ ” In re Davis, 565 F.3d 810, 823 (11th Cir.2009) (quoting United States v. Silva, 443 F.3d 795, 797-98 (11th Cir.2006)).
- LeBlanc v. Unifund CCR Partners, 601 F.3d 1185 (11th Cir. 2010).published
- CBS Broad., Inc. v. Echostar Commc'ns Corp., 532 F.3d 1294 (11th Cir. 2008).published
- Pugliese v. Pukka Dev., Inc., 550 F.3d 1299 (11th Cir. 2008).published
- United States v. Dodge, 566 F.3d 976 (11th Cir. 2009).published
- In re Davis, 565 F.3d 810 (11th Cir. 2009).published
- United States v. Dodge, 566 F.3d 976 (11th Cir. 2010).published
- United States v. One 1990 Beechcraft, 619 F.3d 1275 (11th Cir. 2010).published
- Charlene I. Johnson v. Royal Caribbean Cruises, Ltd., 449 F. App'x 846 (11th Cir. 2011).unpublished
- In re Weinshank, 406 B.R. 413 (Bankr. S.D. Fla. 2009).published
- Herrin v. GreenTree-Al, LLC, 376 B.R. 316 (S.D. Ala. 2007).published
- Moss v. GreenTree-Al, LLC, 378 B.R. 655 (S.D. Ala. 2007).published
- United States v. Dodge, 554 F.3d 1357 (11th Cir. 2009).published
- United States v. Dodge, 597 F.3d 1347 (11th Cir. 2010).published
- In re Barnes, 528 B.R. 501 (Bankr. S.D. Ga. 2015).published
- Anna Claire Bates & Jane Doe v. Sequel Youth & Fam. Servs., LLC, No. 2:23-cv-01063 (N.D. Ala. Jan. 12, 2026).
v.
Jonathan SILVA, Defendant-Appellant
Jonathan Silva appeals the 24-month sentence imposed after revocation of his probation. Silva’s probation was originally imposed after he admitted to violating the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031-5042, for committing aggravated sexual abuse, 18 U.S.C. § 2241(a)(1), on national park grounds. At that time, Silva was seventeen years old. Almdst two years later, Silva’s probation officer filed an order to show cause why Silva’s probation should not be revoked. After a hearing, the court modified Silva’s probation to include taking a cognitive skills class and wearing an electronic monitor for 180 days. However, six months later, in March 2005, the court modified Silva’s probation again after he failed to attend the class. Finally, in June 2005, the district court held a revocation hearing after the probation officer alleged that Silva did not wear the electronic monitoring device, used illegal drugs, failed to report for drug testing, and failed to submit a truthful monthly supervision report. Silva was nineteen at the time of the hearing. After Silva admitted to the violations at the hearing, the court sentenced him to 24 months’ imprisonment, although Chapter 7 recommended a sentence within the three to nine month range.
I.
Silva contends that the district court improperly considered his age at the time of re-sentencing, rather than his age at the time he originally received probation, when it imposed a sentence which extended beyond his 21st birthday, in violation of 18 U.S.C. § 5037. We review the interpretation of a statute, a question of law, de novo. United States v. Pistone, 177 F.3d 957, 958 (11th Cir.1999).
Title 18 of the United States Code, § 5037 delineates the appropriate terms of probation or official detention for juveniles adjudged delinquent. 18 U.S.C. § 5037(b),[*797] (c). [1] The length of probation or detention depends on the age of the juvenile. For instance, a term of official detention for a juvenile delinquent “who is less than eighteen years old” may not extend beyond the lesser of “the date when the juvenile becomes twenty-one years old” or the relevant maximum term of imprisonment that would apply “if the juvenile had been tried and convicted as an adult.” § 5037(c)(1). In the case of a juvenile “who is between eighteen and twenty-one years old,” and if convicted as an adult would be convicted of a Class A, B or C felony, the term of detention in the pre-amended version of § 5037 may not extend beyond five years. § 5037(c)(2)(A). [2]
We have not previously addressed the issue of whether § 5037(c) refers to the defendant’s age at the time of the original sentencing or at the time of the revocation hearing. This becomes important in cases such as this one, where the defendant was under eighteen at the time of the offense but over eighteen at the time of the revocation.
The rules of statutory construction guide us in deciding this issue. “The first rule in statutory construction is to[*798] determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute. If the statute’s meaning is plain and unambiguous, there is no need for further inquiry.” United States v. Fisher, 289 F.3d 1329, 1337-38 (11th Cir.2002) (internal quotation and citation omitted). Further, we will not “look at one word or term in isolation, but instead [will] look to the entire statutory context.” United States v. DBB, Inc., 180 F.3d 1277, 1281 (11th Cir.1999). Finally, we should not interpret a statute in a manner inconsistent with the plain language of the statute, unless doing so would lead to an absurd result. United States v. Weaver, 275 F.3d 1320, 1331 (11th Cir. 2001).
Two Circuits have already addressed this issue. The Eighth Circuit relied upon the plain meaning of this statute and held that it applies to the defendant’s age at the time of the revocation hearing and not at the time of the imposition of the original sentence. See United States v. K.R.A., 337 F.3d 970 (8th Cir. 2003).
The statute plainly states, using the present tense, that the relevant maximum term for official detention shall be based upon a juvenile “who is less than eighteen” or “who is between eighteen and twenty-one.” [§ 5037(c) (emphasis added)] This same present tense language is used in determining the length of a term of probation. [§ 5037(b)] The statute does not refer to the age the juvenile was when she committed the original offense or when she was originally placed on probation.
Id. at 977. In United States v. A Female Juvenile, 103 F.3d 14 (5th Cir.1996), the Fifth Circuit similarly relied upon the plain language of the statute. The court held that an interpretation that the statute applied to the defendant’s age at the time of the original offense would lead to an absurd result: “It is nonsensical to suppose that as a defendant draws nearer the age of twenty-one, the allowable penalty that a court may impose for violation of probation shrinks correspondingly.” 103 F.3d at 17.
We agree with our sister circuits that the plain language of the statute governs, and that Silva’s age at the time of the revocation hearing is the correct age to use when determining the maximum term of official detention under § 5037(c). Thus, the district court did not err.
II.
Silva also argues that the district court abused its discretion in imposing a sentence above the recommended Chapter 7 guidelines range, U.S.S.G. § 7B1.4. We review a district court’s decision to exceed the Chapter 7 recommended guidelines range for an abuse of discretion. United States v. Aguillard, 217 F.3d 1319, 1320 (11th Cir.2000).
The version of § 5037(b) at issue indicates that § 3565, governing revocation of probation, applies to juvenile probation orders. [3] Under that statute, a district court, upon finding that a defendant violated probation, may revoke the term of probation and impose a term of imprisonment after considering the factors set out in 18 U.S.C. § 3553(a). 18 U.S.C. § 3565(a). Relevant factors include the nature and eircum-[*799] stances of the offense, the history and characteristics of the defendant, the need for the sentence imposed to afford adequate deterrence to criminal conduct, the kinds of sentences and sentencing ranges established under the applicable guidelines, and policy statements issued by the Sentencing Commission. 18 U.S.C. § 3553(a)(1), (2)(B), (4)(B). The sentencing court “shall state in open court the reasons for its imposition of a particular sentence, and if the sentence ... is not of the kind, or is outside the range, described in subsection (a)(4), the specific reason for imposition of a sentence different from that described.” 18 U.S.C. § 3553(c)(2).
Chapter 7 of the Sentencing Guidelines governs violations of probation and contains policy statements, one of which provides recommended ranges of imprisonment applicable upon revocation. U.S.S.G. § 7B1.4, p.s. We have consistently held that the policy statements of Chapter 7 are merely advisory and not binding. Aguillard, 217 F.3d at 1320. While the district court is required to consider the policy statements, it is not bound by them. United States v. Brown, 224 F.3d 1237, 1242 (11th Cir.2000). When exceeding the recommended range, the court must normally indicate that it considered the Chapter 7 policy statements. Aguillard, 217 F.3d at 1320.
The district court did not abuse its discretion in imposing a 24-month sentence on Silva. First, the 3 to 9 month range in Chapter 7 was not binding on the court. Second, the district court appropriately considered the range when it noted that a sentence above the guidelines range was necessary to respond to Silva’s numerous probation violations. The district court thus stated its reasons for imposing a sentence outside the range as it was obligated to do under § 3553(c)(2). Furthermore, the record supports the district court’s finding. Silva’s original offense of aggravated sexual abuse was a violent and serious one, carrying with it, if he had been convicted as an adult, a maximum term of life imprisonment. He had also previously violated his probation on several occasions and had been treated leniently. As such, the district court did not abuse its discretion in exceeding the recommended Chapter 7 guidelines range.
Based on the foregoing, we affirm the sentence.
AFFIRMED. [4]
. 18 U.S.C. § 5037 was amended effective November 2, 2002, and now explicitly states that the age at re-sentencing controls for purposes of imposing a term of detention upon revocation of probation. See § 5037(b) ("the application of sections 5037(c)(2)(A) and (B) shall be determined based upon the age of the juvenile at the time of the disposition of the revocation proceeding”). However, this amended section was not in effect when Silva originally received probation, and both parties, in their briefs, cite to the pre-amended statute. Furthermore, because no mention was made to amended subsection (b), the district court appears to have used the pre-amended statute when making its decision. As such, the pre-amended statute is used to decide the appeal. We note that the outcome of the appeal would be the same under either version of the statute.
. 18 U.S.C. § 5037(b) and (c), in its pre-2002 amendment form, provides:
(b) The term for which probation may be ordered for a juvenile found to be a juvenile delinquent may not extend—
(1) in the case of a juvenile who is less than eighteen years old, beyond the lesser of—
(A) the date when the juvenile becomes twenty-one years old; or
(B) the maximum term that would be authorized by section 3561(c) if the juvenile had been tried and convicted as an adult; or
(2) in the case of a juvenile who is between eighteen and twenty-one years old, beyond the lesser of—
(A) three years; or
(B) the maximum term that would be authorized by section 3561(c) if the juvenile had been tried and convicted as an adult.
The provisions dealing with probation set forth in sections 3563, 3564, and 3565 are applicable to an order placing a juvenile on probation.
(c) The term for which official detention may be ordered for a juvenile found to be a juvenile delinquent may not extend—
(1) in the case of a juvenile who is less than eighteen years old, beyond the lesser of—
(A) the date when the juvenile becomes twenty-one years old; or
(B) the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult; or
(2) in the case of a juvenile who is between eighteen and twenty-one years old—
(A) who if convicted as an adult would be convicted of a Class A, B, or C felony, beyond five years; or
(B) in any other case beyond the lesser of — •
(i) three years; or
(ii) the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult.
Section 3624 is applicable to an order placing a juvenile under detention.
. The amended version of § 5037(b) does not say that § 3565 is applicable in such a situation, but states that when deciding whether to revoke probation and order detention, the district court must consider "any pertinent policy statements promulgated by the Sentencing Commission!” Thus, the district court would still be obligated to consider the Sentencing Commission's policy statements under the amended version of the statute.
. Silva's request for oral argument is denied.