DIAZ, Circuit Judge.
Christopher Weah Blidee challenges the district court's revocation of his supervised release. He argues that the district court failed to comply with due process when it ruled that he was in violation of the conditions of his supervised release. Alternatively, Blidee contests the reasonableness of the sentence imposed by the district court upon revocation. We conclude that the revocation hearing comported with due process and the sentence was not plainly unreasonable. Accordingly, we affirm the judgment of the district court.
A citizen of Liberia, Blidee entered the United States as a refugee in 1994. He subsequently adjusted his status to that of a lawful permanent resident. On December 15, 2004, a grand jury returned an indictment charging Blidee with several counts arising out of his participation in a scheme to defraud financial institutions. Pursuant to a pretrial agreement, Blidee pleaded guilty to one count of conspiracy to commit offenses against the United States, in violation of 18 U.S.C. §§ 513, 1028, 1029, 1343, and 1344. The district judge sentenced Blidee to a 30-month term of imprisonment followed by 3 years of supervised release.
The district court entered judgment on April 19, 2006. It provided Blidee with binding conditions of supervised release. Two conditions are particularly relevant to this appeal. First, Blidee was ordered to "answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer." J.A. 20. Second, the district court appended a special condition regarding Blidee's immigration status:
Soon after the entry of judgment, the U.S. Department of Homeland Security initiated removal proceedings against Blidee, charging that he was removable for having been convicted of an aggravated felony. Blidee was finally ordered removed to Liberia in 2008.
Blidee completed his term of imprisonment on August 1, 2008. He was released and immediately placed in the custody of U.S. Immigration and Customs Enforcement ("ICE"), in accordance with the terms of his removal order. Over the next six months, ICE officials attempted to remove Blidee to Liberia. A variety of logistical impediments, owing mostly to the Liberian Embassy's intransigence, prevented successful removal. ICE agents ultimately concluded that Blidee's removal was not imminent, and they released him from custody on March 3, 2009. ICE agents also provided Blidee with an order of supervision upon his release from their custody, which ordered him to self-remove from the United States.
After his release from ICE custody, Blidee met with his probation officer, Timothy Goodman. Goodman reviewed Blidee's conditions of supervised release at their first meeting on March 10. Goodman stressed to Blidee that he must "stay in touch with ICE as they had directed him to and . . . compl[y] with any and all directives from the ICE officials."
Over the next year, Blidee failed time and again to comply with ICE deadlines to self-remove. His supervising ICE detention and removal officer, Erin North, first ordered him to leave the United States no later than July 7. After he failed to self-remove, North instructed him to report to her on October 6 with tickets to depart the United States. Blidee met with her on October 6, but he failed to produce the tickets. North gave him another three months to leave the country, ordering him to finalize travel plans and meet with her on January 6, 2010. Blidee brought tickets for departure to Ghana to the January 6 meeting. He explained to North that, though a Liberian citizen, he spoke the language of Ghana and would be able to enter the country. North testified that Blidee's affirmation about his ability to enter Ghana satisfied ICE requirements, because countries often have arrangements allowing citizens reciprocal entry. North gave Blidee another extension, directing him to leave the country by March 31. Blidee was set for a March 29 departure from the United States to Ghana.
Blidee again failed to comply with ICE orders, refusing to follow through with the planned March 29 self-removal. He arrived at Goodman's office on March 29 and explained that he did not want to leave his wife and kids in the United States. Blidee then called North, first telling her that his flight had been canceled but later admitting that he had simply refused to leave the United States. North informed Blidee that he had violated the conditions of his release from ICE custody. ICE would consider him a fugitive if he failed to leave the country within seven days.
Seven days passed, and Blidee remained in the United States. Blidee was now officially in violation of an ICE condition of supervision. Goodman reasoned that Blidee was similarly in violation of his instructions, because he had directed Blidee to comply with all ICE orders. Blidee was obligated to follow Goodman's instructions pursuant to the conditions of his supervised release, so Goodman now believed that Blidee had violated the terms of his supervised release.
On April 19, Goodman filed a Petition for Warrant for Offender Under Supervision, in which he sought revocation of Blidee's supervised release. Goodman wrote that Blidee had violated conditions mandating that he follow the instructions of his probation officer, tell the truth to his probation officer, and remain outside the United States if removed.
At the revocation hearing, Blidee argued that the district court lacked authority to revoke his supervised release. Because the conditions of supervised release failed to expressly require his self-removal, Blidee maintained that revoking his supervised release for failure to depart the United States would violate his due process rights.
Rejecting Blidee's contentions, the district court concluded that he had failed to follow the lawful instructions of his probation officer in violation of his conditions of supervised release. The district court reasoned that Goodman's authority "extend[ed] to the ministerial act of . . . ordering [Blidee] to follow all directives and orders of immigration authorities and abid[e] by all of such directives and orders." J.A. 125. When Blidee failed to heed Goodman's instructions to follow ICE orders to self-remove, he thus violated the conditions of his supervised release, stated the court. The conditions of supervised release plainly mandated Blidee's compliance with directions given by his probation officer, according to the district court, so Blidee had received adequate notice that failing to self-remove would violate the terms of his supervised release.
As an alternative basis for revocation, the district court credited Goodman's testimony that Blidee had violated the condition requiring him to "answer truthfully all inquiries by the probation officer,"
Having determined that Blidee had violated the conditions of supervised release, the district court turned to framing an appropriate sentence. The court first found that Blidee had committed a grade C violation, which did not mandate revocation of his supervised release. It further calculated a Guidelines range of 3-9 months' imprisonment, with a maximum term of 2 years. Blidee and the government agreed with these sentencing calculations.
After establishing the sentencing possibilities, the court heard argument from Blidee and the government. Blidee requested a below-Guidelines sentence of time served. Such a sentence was appropriate, argued Blidee, because he would be placed indefinitely in ICE custody upon his release from prison. According to Blidee, the prospect of ICE detention rendered an additional prison term superfluous.
The government countered that Blidee should receive a 9-month prison term, at the top of the Guidelines range. It reasoned that Blidee's actions had evinced a "deliberate effort. . . to subvert the laws of this country," and a 9-month sentence would give him incentive to comply with future ICE directives.
Noting that the case was difficult, the district court sympathized with Blidee's situation—"that you've gone through this trying to make the best decision that you can for your family and I believe you're sincere in doing that."
Declaring that Blidee had shown "a certain disregard for the law . . . that requires that I impose a sentence that sends that message [that will deter Blidee and others]," the court revoked his supervised release and sentenced him to 7 months' imprisonment followed by 29 months of supervised release. J.A. 136. The court further ordered that Blidee be released to ICE custody for removal after the expiration of his sentence and that he comply with all future ICE directives, including mandates to self-remove.
Blidee now appeals both the revocation of his supervised release and the sentence.
Blidee first contends that the district court's revocation of his supervised release violated his right to due process. According to Blidee, the conditions of supervised release did not provide him with adequate notice that failing to follow ICE orders to self-remove would constitute a violation. He thus maintains that the district court's decision to revoke his supervised release, grounded in his failure to self-remove, deprived him of liberty in violation of the right to notice guaranteed by the Fifth Amendment's Due Process Clause.
Reviewing Blidee's due process claim de novo,
Defendants facing the prospect of supervised release revocation are afforded protections enshrined in the Due Process Clause.
We readily conclude that the district court afforded Blidee adequate notice that failure to follow ICE orders to self-remove would violate the conditions of his supervised release. The conditions mandated that Blidee "answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer." J.A. 20. At their very first meeting, Goodman ensured that Blidee understood that he must follow ICE directives to self-remove. Time and again, Goodman told Blidee that his "expectation of him was to comply with any and all directives and regulations of ICE."
The record belies Blidee's contentions that his immigration status is a matter wholly independent from his compliance with the terms of supervised release. From the outset, Goodman plainly told Blidee that his obligations to ICE were subsumed under his conditions of supervised release. Indeed, even before Blidee was released from prison, the conditions of supervised release notified him that he must follow ICE orders. An additional condition was appended to Blidee's judgment, stating that, "upon release from imprisonment," he was "to be surrendered to a duly-authorized immigration official for deportation."
Blidee next challenges the procedural reasonableness of the district court's sentence. He asserts that the district court erred by failing to address his argument for a time-served sentence. We find that the district court adequately responded to Blidee's request for a below-Guidelines sentence and affirm.
We have confirmed, post-
"`[A] deferential appellate posture'" characterizes our review of revocation sentences.
We conclude that the district court sufficiently responded to Blidee's request for a time-served sentence and the sentence imposed was not unreasonable. Blidee's request, grounded in his contention that he would be detained by ICE even if released from incarceration, obligated the district court to respond.
The revocation of Blidee's supervised release comported with due process. Moreover, the sentence imposed upon revocation was not plainly unreasonable. We therefore affirm the judgment of the district court.