In U.S. v. Sweeting, No. 05-11062 (Jan. 26, 2005), the Court (Dubina, Marcus, Wilson) held that the district court did not abuse its discretion to impose sentence for a violation of a condition of supervised release when it imposed a second two-year consecutive sentence, in addition to a three-year consecutive sentence, for the same conduct (conviction for crack cocaine distribution) which constituted a violation of his conditions of supervised release in two separate, unrelated cases.
The Court noted that post-Booker, it applied a "reasonable sentence" rather than the earlier "plainly unreasonable" standard of review to supervised release violation sentences.
The Court noted that the two-year term was within the statutory maximum for a supervised release violation. Further the sentencing court took account of Sweeting’s criminal history and threat to society. Thus, the sentence was within the sentencing court’s discretion.http://www.ca11.uscourts.gov/opinions/ops/200511062.pdf
