United States v. Eric T. Holmes, 283 F.3d 966 (8th Cir. 2002). · Go Syfert
United States v. Eric T. Holmes, 283 F.3d 966 (8th Cir. 2002). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Lucas Lacy (ca8, 2017-12-12)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Lucas Lacy
8th Cir. · 2017 · confidence medium
“Absent an abuse of discretion,” this court “will not disturb a sentence imposed within the bounds of 18 U.S.C. § 3583 (e), the statutory provision detailing parameters for modification or revocation of supervised release.” United States v. Holmes, 283 F.3d 966, 968 (8th Cir. 2002).
discussed Cited as authority (rule) United States v. Walker
8th Cir. · 2008 · confidence medium
Upon revocation, “[i]f a sentence is imposed ‘within the bounds of 18 U.S.C. § 3583 (e),’ we will not disturb it absent an abuse of discretion.” United States v. Holt, 130 Fed.Appx. 837, 838-39 (8th Cir.2005) (citing United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002)).
discussed Cited as authority (rule) United States v. Derrick Wayne Walker
8th Cir. · 2008 · confidence medium
Upon revocation, “[i]f a sentence is imposed ‘within the bounds of 18 U.S.C. § 3583 (e),’ we will not disturb it absent an abuse of discretion.” United States v. Holt, 130 F.App’x 837, 838-39 (8th Cir. 2005) (citing United States v. Holmes, 283 F.3d 966, 968 (8th Cir. 2002)).
discussed Cited as authority (rule) United States v. Marlin Hawk Wing
8th Cir. · 2006 · confidence medium
Because of the prohibitive language in § 3852 and § 994(k), "other circuits have recognized . . . when imposing an original sentence to a term of imprisonment, it is inappropriate for the district court to consider rehabilitation of the defendant as the sole purpose for imprisonment." United States v. Tsosie, 376 F.3d 1210, 1214 (10th Cir. 2004) (citing United States v. Brown, 224 F.3d 1237, 1240 (11th Cir. 2000)); United States v. Jackson, 70 F.3d 847, 879 (6th Cir. 1995).5 While the district court must acknowledge that imprisonment is not an appropriate means to promote rehabilitation, it …
discussed Cited as authority (rule) United States v. Marlin Hawk Wing (2×)
8th Cir. · 2006 · confidence medium
Because of the prohibitive language in § 3852 and § 994(k), “other circuits have recognized ... when imposing an original sentence to a term of imprisonment, it is inappropriate for the district court to consider rehabilitation of the defendant as the sole purpose for imprisonment.” United States v. Tsosie, 376 F.3d 1210, 1214 (10th Cir.2004) (citing United States v. Brown, 224 F.3d 1237, 1240 (11th Cir.2000)); United States v. Jackson, 70 F.3d 874, 879 (6th Cir.1995). 5 While the district court must acknowledge that imprisonment is not an appropriate means to promote rehabilitation, it …
discussed Cited as authority (rule) United States v. Harold Tobacco
8th Cir. · 2005 · confidence medium
The district court stated: “Hopefully [defendant] can receive some treatment while in prison to address these issues and return to society to be a productive father for his family.” Defendant notes 18 U.S.C. § 3582 (a) states “imprisonment is not an appropriate means of promoting correction and rehabilitation.” While “ ‘imprisonment is not an appropriate means of promoting correction and rehabilitation,’ the sentence purposes that the court must consider include promoting ‘respect for the law* and providing the defendant ‘with needed educational or vocational training, medic…
discussed Cited as authority (rule) United States v. Harold Tobacco
8th Cir. · 2005 · confidence medium
The district court stated: “Hopefully [defendant] can receive some treatment while in prison to address these issues and return to society to be a productive father for his family.” Defendant notes 18 U.S.C. § 3582 (a) states “imprisonment is not an appropriate means of promoting correction and rehabilitation.” While “‘imprisonment is not an appropriate means of promoting correction and rehabilitation,’ the sentence purposes that the court must consider include promoting ‘respect for the law’ and providing the defendant ‘with needed educational or vocational training, medi…
discussed Cited as authority (rule) United States v. Lamarr T. Davis
8th Cir. · 2005 · confidence medium
The revocation sentence is not covered by the plea agreement, but the sentence is not implicated by United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because Chapter 7 of the Guidelines is merely advisory, see United States v. Holt, 130 Fed.Appx. 837 , 839 n. 4 (8th Cir.2005) (unpublished per curiam) (Chapter 7 of Guidelines has always been *360 advisory and remains unaltered by Booker), and the revocation sentence was not an abuse of discretion, see 18 U.S.C. § 3583 (e)(3) (district court may revoke supervised release if it finds by a preponderance of evidence that …
cited Cited as authority (rule) United States v. Robert E. Sorenson
8th Cir. · 2005 · confidence medium
United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002).
discussed Cited as authority (rule) United States v. Clarence E. Guthrie
8th Cir. · 2004 · confidence medium
In addition, although the policy statements in Chapter 7 of the Sentencing Guidelines are not binding on the district court, see United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002) (citing United States v. Brown, 203 F.3d 557, 558 (8th Cir.2000)), the 24-month sentence is within the recommended Guidelines range.
cited Cited as authority (rule) United States v. Som Boun Cam
8th Cir. · 2004 · confidence medium
See 18 U.S.C. § 3583 (e)(3); United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002); United States v. Shaw, 180 F.3d 920, 922 (8th Cir.1999) (per curiam).
discussed Cited as authority (rule) United States v. Myron Lee Touche (2×) also: Cited "see, e.g."
8th Cir. · 2003 · confidence medium
United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002).
discussed Cited as authority (rule) United States v. Myron Lee Touche (2×) also: Cited "see, e.g."
8th Cir. · 2003 · confidence medium
United States v. Holmes, 283 F.3d 966, 968 (8th Cir. 2002). -3- We conclude that the district court did not abuse its discretion by imposing a fifteen month sentence for Touche's supervised release violation.
discussed Cited as authority (rule) United States v. Marlon D. Bell
8th Cir. · 2002 · confidence medium
And although a sentencing court is required to consider the guidelines, “it is entirely free to impose a revocation sentence outside of the policy statement’s suggested range when, ‘in its considered discretion,’ such a sentence is warranted.” United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002) (quoting United States v. Carr, 66 F.3d 981, 984 (8th Cir.1995)).
discussed Cited as authority (rule) United States v. Patrick L. Bark
8th Cir. · 2002 · confidence medium
(Bark testified he needed double knee replacements and had been unable to have the surgery in prison.) The Chapter 7 ranges are merely advisory, see United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002), and the district court-which was fully apprised of Barks’s medical condition-was not required to impose a lesser sentence on that basis.
cited Cited "see" United States v. Matthew Sanders
8th Cir. · 2004 · signal: see · confidence high
See United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002); United States v. Brown, 203 F.3d 557, 558 (8th Cir.2000) (per curiam).
cited Cited "see" United States v. S. Rodriguez-Favela
8th Cir. · 2003 · signal: see · confidence high
See United States v. Holmes, 283 F.3d 966, 968 (8th Cir. 2002).
cited Cited "see" United States v. Sebastian Rodriguez-Favela
8th Cir. · 2003 · signal: see · confidence high
See United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002).
cited Cited "see, e.g." United States v. Will H. Hawkins
8th Cir. · 2004 · signal: see also · confidence medium
A(3)(a); see also United States v. Holmes, 283 F.3d 966, 968 (8th Cir. 2002); United States v. Brown, 198 F.3d 713, 714 (8th Cir. 1999) (per curiam).
cited Cited "see, e.g." United States v. Will H. Hawkins
8th Cir. · 2004 · signal: see also · confidence medium
A(3)(a); see also United States v. Holmes, 283 F.3d 966, 968 (8th Cir.2002); United States v. Brown, 198 F.3d 713, 714 (8th Cir.1999) (per curiam).
discussed Cited "see, e.g." United States v. Trapp
4th Cir. · 2002 · signal: see also · confidence medium
The sentencing ranges contained in Chapter Seven of the Guidelines are “non-binding, advisory guides to district courts in supervised release revocation proceedings.” Davis, 53 F.3d at 642; see also United States v. Holmes, 283 F.3d 966, 967-68 (8th Cir.2002). *989 As required by Anders , we have examined the entire record and find no other meritorious issues for appeal.
discussed Cited "see, e.g." United States v. Cole (2×)
4th Cir. · 2002 · signal: see also · confidence medium
The sentencing ranges contained in Chapter Seven of the Guidelines are “non-binding, advisory guides to district courts in supervised release revocation proceedings.” Davis, 53 F.3d at 642 ; see also United States v. Holmes, 283 F.3d 966 , 2002 WL 441198, *1 (8th Cir. Mar.22, 2002).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Eric T. HOLMES, Appellant
01-1672.
Court of Appeals for the Eighth Circuit.
Mar 22, 2002.
283 F.3d 966
John C. Vanderslice, Lincoln, NE (David R. Stickman, on the brief), for appellant., Janice M. Lipovsky, Special Asst. U.S. Atty., Lincoln, NE (Michael G. Heavican, on the brief), for appellee.
Hansen, McMillian, Beam.
Cited by 23 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: S.D. New York (1)
BEAM, Circuit Judge.

After Eric T. Holmes admitted that he violated a condition of his supervised release by consuming amphetamine or methamphetamine, the district court [2] revoked his supervised release and sentenced him to twenty-four months’ imprisonment. Holmes appeals, contending that, in light of considerations set forth in 18 U.S.C. § 3553(a) and in policy statements found within chapter 7 of the United States Sentencing Guidelines Manual, the court imposed an excessive sentence and thereby abused its discretion. We affirm.

In determining a sentence, the court must consider various factors [3] spe-[*968] cifíc to the defendant and the offense, including pertinent Sentencing Guidelines policy statements (policy statements). 18 U.S.C. § 3553(a). The sentencing court “shall impose a sentence sufficient, but not greater than necessary, to comply with” the sentence’s purposes, which are set forth in section 3553(a)(2). Id. Although the court must recognize “that imprisonment is not an appropriate means of promoting correction and rehabilitation,” the sentence purposes that the court must consider include promoting “respect for the law” and providing the defendant “with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.” Compare 18 U.S.C. § 3582(a) with § 3553(a)(2) (emphasis added).

Although a sentencing court is required to consider the policy statements, United States v. Hensley, 36 F.3d 39, 42 (8th Cir.1994); United States v. Jones, 973 F.2d 605, 608 (8th Cir.1992), it is entirely free to impose a revocation sentence outside of the policy statement’s suggested range when, “in its considered discretion,” such a sentence is warranted, United States v. Carr, 66 F.3d 981, 983 (8th Cir.1995). Accord United States v. Hill, 48 F.3d 228, 231 (7th Cir.1995) (indicating that although it would be an abuse of discretion to ignore the policy statements, “they do not replace [a court’s] discretion by a rule”). “[T]his circuit has consistently held that the policy statements in Chapter 7 of the Guidelines regarding supervised release violations are advisory to, rather than binding on, the district court.” United States v. Brown, 203 F.3d 557, 558 (8th Cir.2000).

The court’s sentencing is ultimately governed by statute rather than the policy statements. United States v. Grimes, 54 F.3d 489, 492 (8th Cir.1995). Absent an abuse of discretion, we will not disturb a sentence imposed within the bounds of 18 U.S.C. § 3583(e), the statutory provision detailing parameters for modification or revocation of supervised release. Grimes, 54 F.3d at 492.

We conclude that the district court did not abuse its discretion by sentencing Holmes to twenty-four months’ imprisonment for violating his supervised release. Although the applicable policy statement suggests a term of imprisonment in the range of six to twelve months, U.S. Sentencing Guidelines Manual § 7B.1.4(a) (2001), his sentence was within the maximum statutory term and the court’s considerations were appropriate, thus satisfying the dictates of sections 3583(e)(3), 3582, and 3553(a). E.g., Hensley, 36 F.3d at 42.

At the revocation hearing, before accepting Holmes’ admission, the court discussed the policy statement’s recommended sentencing range and explained the distinction between that sentencing scheme and the statutory sentencing scheme. The court also heard reports of Holmes testing positive for methamphetamine, his failure to attend drug treatment programs and group meetings, and his failure to complete community service. The court discussed its concerns about Holmes’ addiction to methamphetamine and its belief that he could benefit from intensive drug treatment. Upon revoking his supervised[*969] release, the court indicated that it was imposing the prison term to reflect the seriousness of the violation. The court recommended “in the strongest possible terms” that Holmes be enrolled in the comprehensive 500-hour drug treatment program that is offered by the Bureau of Prisons. The government had previously indicated that a lesser term would not allow him to be placed in that program. The court also expressed its concern that Holmes “lacks the ability to deal with his addiction,” and that if he were merely placed in “a residential situation even for three or four months that he’s destined to fail, not because he’s not trying but because this is a horrible, horrible thing to try to overcome.” Finally, the court articulated its sincere hope that the twenty-four-month period of incarceration would act as an impetus for Holmes to overcome his addiction in that he might mature and internalize the cost of his addiction during that time.

The district court’s discussions demonstrate that it considered the relevant statutory factors, and that the sentence imposed was based on “a carefully considered exercise of discretion.” Brown, 203 F.3d at 558. The court explicitly considered pertinent factors listed in the statute, including the policy statement’s suggested sentence range. Jones, 973 F.2d at 608. Also, given the nature of Holmes’ violation and reports of his failure to attend treatment programs and group meetings as required by the terms of his supervised release, together with the court’s recommendation that he participate in the 500-hour drug treatment program, the court acted with appropriate consideration and did not violate section 3582’s mandate to recognize that imprisonment is inappropriate to promote correction and rehabilitation.

Accordingly, we affirm the sentence imposed by the district court.

2

. The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.

3

. The considerations include:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed-
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(4) the kinds of sentence and the sentencing range established for-
[*968] (B) in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United States Code;
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on the date the defendant is sentenced!.]

18 U.S.C. § 3553(a).