PER CURIAM:
William Michael Brooks was found guilty of eight violations of the conditions of supervised release. He appeals the district court's revocation of his term of supervised release and its imposition of a sentence of seven months' imprisonment, followed by three years of supervised release and fifty hours of community service.
Counsel for Brooks submitted a brief pursuant to
In reviewing a sentence imposed upon revocation of supervised release, this court "takes a more deferential appellate posture concerning issues of fact and the exercise of discretion than reasonableness review for [G]uidelines sentences."
This court first determines whether the sentence is reasonable. A supervised release revocation sentence is procedurally reasonable if the district court considered the advisory policy statement range and the § 3553(a) factors applicable to supervised release revocation.
If the sentence is found to be unreasonable, however, the court next determines whether it is plainly unreasonable. For a sentence to be plainly unreasonable, "it must run afoul of clearly settled law."
The district court imposed a sentence of seven months' imprisonment and a three-year term of supervised release. The court noted that Brooks still had an outstanding requirement to pay court-appointed attorney's fees from the original judgment. It accordingly imposed fifty hours of community service in lieu of reimbursement for court-appointed attorney's fees related to the revocation proceedings.
The district court was required to impose a term of imprisonment because Brooks failed to comply with required drug testing. 18 U.S.C. § 3583(g)(3). A review of the record confirms that the district court properly calculated and considered the Guidelines range and the § 3553(a) factors, and sufficiently explained its selected sentence. The sentence of seven months' imprisonment coupled with the subsequent term of three years' supervised release is therefore not unreasonable, let alone plainly so.
But the district court also imposed a requirement of fifty hours of community service as a substitute for the imposition of attorney's fees. This it had no discretion to do. Although Brooks agreed in his plea agreement to pay his court-appointed attorney's fees related to the original judgment, the plea agreement did not apply to the subsequent revocation proceedings. Brooks did not otherwise agree to pay attorney's fees related to the revocation proceedings and the record indicates that Brooks is indigent. The district court thus could not have held Brooks accountable for attorney's fees related to the revocation proceedings.
We conclude that the district court's order of community service is plainly unreasonable. After a complete review of the record in accordance with
This court requires that counsel inform Brooks, in writing, of the right to petition the Supreme Court of the United States for further review. If Brooks requests that a petition be filed, but counsel believes that such a petition would be frivolous, counsel may move in this court for leave to withdraw from representation. Counsel's motion must state that a copy thereof was served on Brooks. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.