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United States v. Jones

United States Court of Appeals, Eighth Circuit

October 21, 2014

United States of America, Plaintiff - Appellee
v.
Yusuf John Jones, also known as John Jones Yusuf, Defendant - Appellant

Submitted September 12, 2014

Appeal from United States District Court for the Southern District of Iowa - Des Moines.

For United States of America, Plaintiff - Appellee: John E. Beamer, Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA.

For Yusuf John Jones, also known as: John Jones Yusuf, Defendant - Appellant: Gary Dean Dickey Jr., Dickey & Campbell, Des Moines, IA.

Yusuf John Jones, also known as: John Jones Yusuf, Defendant - Appellant, Pro se, Terre Haute, IN.

Before WOLLMAN, LOKEN, and MURPHY, Circuit Judges.

OPINION

Page 711

MURPHY, Circuit Judge.

Yusuf Jones appeals the sentence imposed by the district court[1] after revocation of his fourth period of supervised release. Jones argues that the district court erred by sentencing him on conduct not included in the written violation report he received prior to his revocation hearing. Jones also appeals the substantive reasonableness of his sentence. We affirm.

Jones pled guilty in 2010 to possession of a firearm by an unlawful user of controlled substances in violation of 18 U.S.C. § § 922(g)(3) and 924(a)(2). The district court sentenced him to 36 months imprisonment and 36 months supervised release. Jones agreed to a modification of release which required him to participate in a residential reentry program. The probation office petitioned for revocation after only one month of release because of Jones' violation of conditions of his reentry program. Jones stipulated to the violations, and the district court revoked his release, sentencing him to 30 days imprisonment and 35 months supervised release.

His second period of supervised release began on August 22, 2012; within a week he tested positive for substance abuse. Jones was thereafter removed from the reentry program for making false statements, disobeying orders, and failing to maintain employment. The district court revoked his release and sentenced him to 5 months imprisonment and 25 months supervised release. His third period of supervised release began on February 26, 2013. Jones subsequently failed to abide by his electronic monitoring agreement and was charged with an assault and associating

Page 712

with substance abusers. The district court again revoked his release and sentenced him to 7 months imprisonment and 24 months supervised release.

On November 7, 2013 Jones again entered supervised release, but two months later the probation office filed a written violation report detailing his failure " to comply with rules of electronic monitoring." Jones was accused of a curfew violation for failing to return to his residence at the required time and of tampering with his ankle monitoring device. The district court held another revocation hearing on February 12, 2014 at which Jones stipulated to the curfew violation. The district court raised some additional behavioral problems which had been discussed at a prior hearing but were not mentioned in the latest report. The ...


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