United States v. Yeager ( 2023 )

Case: 23-30213 Document: 00516980642 Page: 1 Date Filed: 11/28/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 23-30213 FILED
Summary Calendar November 28, 2023
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
David Randolph Yeager, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:06-CR-60056-1
______________________________
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam: *
David Randolph Yeager, Jr., pleaded true to a violation of a supervised
release condition following a state conviction on child pornography charges.
The district court sentenced him to 36 months in prison, to be served
consecutively to the state sentence, and imposed a lifetime term of
supervised release.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-30213 Document: 00516980642 Page: 2 Date Filed: 11/28/2023
No. 23-30213
Yeager challenges the substantive reasonableness of his revocation
sentence. This court reviews “a sentence imposed after revocation of
supervised release under the plainly unreasonable standard of review.”
United States v. Winding, 817 F.3d 910, 913 (5th Cir. 2016).
Consecutive sentencing is the express policy of the Sentencing
Guidelines in the revocation context. United States v. Flores, 862 F.3d 486,
489 (5th Cir. 2017); U.S.S.G. § 7B1.3(f) & comment. (n.4). Further, the
length of the sentence and the life term of supervised release were supported
by the record, and we have repeatedly affirmed statutory maximum sentences
above the revocation policy range. See United States v. Warren, 720 F.3d 321,
332 (5th Cir. 2013). Thus, Yeager has not shown that the sentence is plainly
unreasonable.
AFFIRMED.
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