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United States v. Beran

United States Court of Appeals, Eighth Circuit

May 12, 2014

United States of America, Plaintiff - Appellee
v.
Jeff Beran, Defendant - Appellant

Submitted March 10, 2014.

Appeal from United States District Court for the District of Nebraska - Lincoln.

For United States of America, Plaintiff - Appellee: Matt R. Molsen, U.S. Attorney's Office, Lincoln, NE.

For Jeff Beran, Defendant - Appellant: Joshua D. Barber, Barber & Barber., Lincoln, NE.

Jeff Beran, Defendant - Appellant, Pro se, Oxford, WI.

Before COLLOTON, SHEPHERD, and KELLY, Circuit Judges.

OPINION

Page 873

SHEPHERD, Circuit Judge.

Jeff Beran appeals from a 48-month prison sentence the district court[1] imposed

Page 874

after the second revocation of his supervised release. Specifically, Beran claims that the district court failed to consider all the sentencing factors set forth in 18 U.S.C. § 3553(a) and that the sentence imposed was substantively unreasonable. For the reasons discussed below, we affirm the sentence imposed by the district court.

Beran pled guilty to conspiracy to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. § 846. The district court sentenced Beran to 235 months, followed by five years of supervised release. Upon a Rule 35(b) request, the district court reduced Beran's sentence to 66 months, with the same term of supervised release. During his supervised release, Beran admitted to committing the crimes of public intoxication and third degree domestic assault on his ex-girlfriend in violation of a mandatory condition of his supervised release not to commit another federal, state, or local crime. The district court found Beran guilty of violating the conditions of his supervised release and sentenced him to one day of imprisonment, for which he was given credit as time served, plus 54 months of supervised release.

After the first revocation of supervised release, Beran underwent treatment for alcohol abuse and domestic violence. His probation officer instructed him to not have contact with his ex-girlfriend due to their significant relationship problems. Despite receiving this instruction, Beran made phone calls and sent text messages to his ex-girlfriend, ultimately frightening her and causing her to initiate a protection order proceeding. The probation officer filed a petition seeking revocation of Beran's supervised release for violating a condition requiring him to " answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer." The probation officer recommended Beran serve 48 months in prison.

During the revocation hearing, Beran admitted to the violation. The applicable guideline range was 8 to 14 months imprisonment; however, the district court, after considering various factors, sentenced Beran to 48 months imprisonment with no supervised release. No objections were made asserting ...


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