United States v. Whitelaw No. 08-50346

http://www.ca5.uscourts.gov/opinions/pub/08/08-50346-CR0.wpd.pdf

From Bar Assoction of Fifth Fereral Circuit Daily Commentary, on motion to revoke:

[G]uidelines sentence range was 4 to 10 months of imprisonment. Despite defendant's request that the District Court impose a sentence at the low end of the guidelines range, defendant was sentenced to 36 months of imprisonment. Defendant appealed, raising the significant issue of whether the District Court had committed procedural plain error when it failed to give reasons for the imposition of an above guideline range sentence, as required by Rita v. United States, 551 U.S. 338 (2007).

"We have no trouble concluding that by granting the [G]overnment's Motion to Revoke and sentencing [appellant] to the term of imprisonment recommended and supported in that motion, the [D]istrict [C]ourt implicitly adopted the [G]overnment's rationale for that sentence as set forth in the motion." Accordingly, the Court was of the opinion that these reasons "thoroughly explain [appellant's] sentence," and that the District Court's failure to state these reasons on the record had not prejudiced appellant.