Standard of review for sentence imposed for revocation of supervised release unaffected by Booker

SENTENCING United States v. Tedford, No. 04-7079, ___ F.3d ___ (10th Cir. May 3, 2005)(E.D. Oklahoma). Appeal of sentence imposed for revocation of term of supervised release. HELD: (1) Standard of review for cases challenging sentence imposed upon revocation of supervised release is unaffected by United States v. Booker, 125 S.Ct. 738, 766 (2005). Sentence imposed upon revocation of supervised release will be upheld if it can be determined from record to have been reasoned and reasonable. (2) District court’s consideration of probation office’s resources was not improper factor to rely on in sentencing for revocation of supervised release merely because it was not an enumerated factor in sentencing guidelines. Where district court stated it would be waste of limited resources of probation office to have to continue supervision over defendant who repeatedly violated terms of supervised release, district court simply recognized futility of continued supervision, a consideration implicit in congressional grant of authority to revoke supervised release. Read the opinion here.