United States v. Brett Andrew Peters

Brett A. Peters appeals from the district court’s judgment revoking his probation, sentencing him to four months’ imprisonment, and granting him credit for time served between his arrest for probation violation and his sentencing. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. §§ 636 (c)(3), 1291, and we affirm the judgment as amended.

I. Facts and Procedural History

Peters consumed a number of alcoholic beverages and then boarded a flight during which he became increasingly obnoxious and ended up assaulting a fellow passenger. He pled guilty to assault in violation of 18 U.S.C. § 113 (a)(4). On June 5, 2006, the district court sentenced Peters to a two-year term of probation, during the first six months of which he was required to serve weekend jail time, to abstain from drinking alcohol, and to complete any drug treatment program ordered by the United States Probation Office.

On or about June 14, 2006, police arrested Peters, who had a blood alcohol level of .263 percent. On July 20, 2006, Peters absconded from a residential drug treatment center at which he had been ordered to reside. On August 18, 2006, Peters admitted to having violated both of the…