Submitted: January 14, 2019
from United States District Court for the District of
Nebraska - Omaha
SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges.
COLLOTON, CIRCUIT JUDGE.
serving a term of imprisonment for counterfeiting, Adrean
Newson began a three-year term of supervised release. Newson
later admitted to violating conditions of that release. The
district court sentenced him to a new term of 10
months' imprisonment followed by 24 months of supervised
release. Newson appeals the new term of supervised release,
and we affirm.
pleaded guilty in 2015 to possession of counterfeit currency.
See 18 U.S.C. § 472. The district court
sentenced him to 30 months' imprisonment followed by
three years of supervised release. Newson was released from
prison and began his term of supervised release in June 2017.
a month, the probation office filed a petition for
revocation, alleging that Newson violated conditions of
release. A second amended petition alleged that Newson had
committed a new criminal offense by possessing counterfeit
currency, failed to report to the probation office as
directed, used marijuana, committed another offense by
driving with a revoked license, and failed to comply with the
rules of the halfway house where he was assigned to reside.
The court scheduled a hearing, and Newson moved for release
from custody to receive outpatient treatment for substance
hearing, Newson admitted to committing new offenses by
possessing counterfeit currency and driving without a
license, and he acknowledged violating the rules of the
assigned halfway house. The district court found that Newson
violated his conditions of release and dismissed the
remaining allegations on the government's motion.
Newson's advisory sentencing guideline range for the
revocation was 7-13 months' imprisonment. The probation
office recommended a sentence of 10 months' imprisonment
with no term of supervised release, and Newson's counsel
asked the court to adopt that recommendation.
Newson exercised his right of allocution, however, he
effectively requested an additional term of supervised
THE DEFENDANT: Your Honor, me personally, I know myself more
than anybody else. I don't want to be set free just
like that. . . . I need a path that I have to go-if I go
this way, it will push me that way. If I go this way, it will
push me back that way.
I have to do what's right, with all my might, even
through the night. It's so deep. I cannot-I don't
want to be set free. I do not want to be set free on the
streets without probation. . . .
. . . I need to walk a straight line. It starts here
(indicating), starts in my heart. My mind and my heart shall
never part. This is where I want to stay. I don't want to
go nowhere else. I want to walk this lane that I've
given. . . .
I don't want to be set free. I don't want to
do that. . . .
So now, with the things that's on my hand that I see,
I think it's best that I do not be set free, just