Broyles
United States v. Broyles
Opinion
Lead Opinion
MEMORANDUM **
Dushone Lamont Broyles appeals from the 36-month sentence imposed for revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Broyles contends that the reasons the court offered for imposing the sentence were not sufficiently compelling to justify the substantial deviation from the Sentencing Commission’s recommended sentencing range of 5 to 11 months. See U.S.S.G. § 7B1.4(a). Broyles concedes that the district court adequately explained the basis for the sentence, as is required by Gall v. United States , — U.S. -, 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007); the court therefore did not commit any procedural error. Id.
*100 Broyles’s argument is better understood as a challenge to the substantive reasonableness of his sentence. See Kimbrough v. United States , — U.S. -, 128 S.Ct. 558, 576 , 169 L.Ed.2d 481 (2007). Although the 36-month sentence represents a significant departure from the recommended sentence range, we cannot say that the district court abused its discretion on the record here. In revocation proceedings, the Sentencing Commission recommends that courts “sanction primarily the defendant’s breach of…