Filed: Jul. 28, 2015
Latest Update: Apr. 11, 2017
Summary: Case: 14-14179 Date Filed: 07/28/2015 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-14179 Non-Argument Calendar _ D.C. Docket No. 8:06-cr-00215-JDW-TBM-4 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BRANDI L. HODO, Defendant - Appellant. _ Appeal from the United States District Court for the Middle District of Florida _ (July 28, 2015) Before MARCUS, WLLIAM PRYOR and BLACK, Circuit Judges. PER CURIAM: Case: 14-14179 Date Filed:
Summary: Case: 14-14179 Date Filed: 07/28/2015 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-14179 Non-Argument Calendar _ D.C. Docket No. 8:06-cr-00215-JDW-TBM-4 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BRANDI L. HODO, Defendant - Appellant. _ Appeal from the United States District Court for the Middle District of Florida _ (July 28, 2015) Before MARCUS, WLLIAM PRYOR and BLACK, Circuit Judges. PER CURIAM: Case: 14-14179 Date Filed: 0..
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Case: 14-14179 Date Filed: 07/28/2015 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-14179
Non-Argument Calendar
________________________
D.C. Docket No. 8:06-cr-00215-JDW-TBM-4
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BRANDI L. HODO,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(July 28, 2015)
Before MARCUS, WLLIAM PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Case: 14-14179 Date Filed: 07/28/2015 Page: 2 of 3
Brandi Hodo appeals her sentence to a two-year term of supervised release,
imposed after the revocation of her prior term of supervised release pursuant to 18
U.S.C. § 3583(h).1 She argues the district court erred in imposing the two-year
term of supervised release because the district court failed to adequately weigh
certain mitigating 18 U.S.C. § 3553(a) factors, such as her life history, the facts
surrounding her violation, and the Government’s request that the district court not
impose a new term of supervised release. After review,2 we affirm.
The district court did not abuse its discretion by imposing the two-year term
of supervised release. The district court considered, among the other § 3553(a)
factors, that Hodo’s repeated violations of her previous terms of unsupervised
release indicated she needed more supervised release. See United States v.
Gresham,
325 F.3d 1262, 1268 (11th Cir. 2003) (“Defendants who violate the
conditions of their supervised release are the defendants most in need of more
supervised release.”) Although the Government requested the district court not to
impose a term of supervised release, the district court was not constrained by the
Government’s request. United States v. Johnson,
132 F.3d 628, 630 (11th Cir.
1998) (“That the sentencing court is not bound by the parties’ agreements or
recommendations is well settled.”). Hodo has not met her burden of establishing
1
Hodo does not challenge her sentence of six months’ imprisonment.
2
We review the substantive unreasonableness of a sentence for abuse of discretion.
United States v. Pugh,
515 F.3d 1179, 1191 (11th Cir. 2008).
2
Case: 14-14179 Date Filed: 07/28/2015 Page: 3 of 3
that her sentence to a new term of supervised release was “unreasonable in light of
the record and the § 3553(a) factors.” See United States v. Tome,
611 F.3d 1371,
1378 (11th Cir. 2010). We accordingly affirm.
AFFIRMED.
3