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United States v. Yeager

United States Court of Appeals, Fifth Circuit
Nov 28, 2023
No. 23-30213 (5th Cir. Nov. 28, 2023)

Opinion

23-30213

11-28-2023

United States of America, Plaintiff-Appellee, v. David Randolph Yeager, Jr., Defendant-Appellant.


Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:06-CR-60056-1

Before ELROD, OLDHAM, and WILSON, Circuit Judges.

PER CURIAM

David Randolph Yeager, Jr., pleaded true to a violation of a supervised release condition following a state conviction on child pornography charges. The district court sentenced him to 36 months in prison, to be served consecutively to the state sentence, and imposed a lifetime term of supervised release.

Yeager challenges the substantive reasonableness of his revocation sentence. This court reviews "a sentence imposed after revocation of supervised release under the plainly unreasonable standard of review." United States v. Winding, 817 F.3d 910, 913 (5th Cir. 2016).

Consecutive sentencing is the express policy of the Sentencing Guidelines in the revocation context. United States v. Flores, 862 F.3d 486, 489 (5th Cir. 2017); U.S.S.G. § 7B1.3(f) &comment. (n.4). Further, the length of the sentence and the life term of supervised release were supported by the record, and we have repeatedly affirmed statutory maximum sentences above the revocation policy range. See United States v. Warren, 720 F.3d 321, 332 (5th Cir. 2013). Thus, Yeager has not shown that the sentence is plainly unreasonable.

AFFIRMED.

This opinion is not designated for publication. See 5TH CIR. R. 47.5.


Summaries of

United States v. Yeager

United States Court of Appeals, Fifth Circuit
Nov 28, 2023
No. 23-30213 (5th Cir. Nov. 28, 2023)
Case details for

United States v. Yeager

Case Details

Full title:United States of America, Plaintiff-Appellee, v. David Randolph Yeager…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 28, 2023

Citations

No. 23-30213 (5th Cir. Nov. 28, 2023)