United States v. Eleazar Felix-Olivas

Eleazar Felix-Olivas appeals from the 12-month sentence imposed on him as a result of the revocation of his supervised release, to be served consecutively to the 10-month sentence imposed for the underlying criminal conduct that led to the revocation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Mr. Felix-Olivas argues that his admission to the supervised release violation was involuntary because he was not given a full, Rule 11-style voluntariness colloquy regarding his rights. Next, Mr. FelixOlivas asserts that the district court considered improper factors in arriving at a sentence. In particular, Appellant objects to the fact that the district court judge discussed a need for “consequences” for his actions, which he interprets as a reference to impermissible consideration of the underlying criminal conduct, rather than the breach of trust of the supervised release violation. Finally, Appellant argues that a 12-month sentence was substantively unreasonable on the facts before the court at the time of sentencing.

This Court has held that the making of admissions at a revocation proceeding is not the equivalent of a guilty plea, and therefore, the due…