United States v. Coleman, No. 15-5845 (6th Cir. 2016)
Annotate this CaseColeman sold crack cocaine to a DEA informant, pleaded guilty under 21 U.S.C. 841(a)(1), 846, and was sentenced to 92 months of imprisonment and four years of supervised release. Six months before Coleman’s sentence ended, he was granted a transfer to a charity establishment. Two months later, Coleman escaped. U.S. Marshals found Coleman, who pleaded guilty to escape, 18 U.S.C. 751(a). Judge Hood sentenced Coleman to 15 months of imprisonment, plus supervised release. Coleman completed his prison sentences. Two months into his supervised release, Coleman admitted to using cocaine. Judge Hood ordered that Coleman serve an additional six months, followed by inpatient substance-abuse treatment. After finishing that treatment, Coleman was again released. Days later, Coleman admitted that he had recently smoked marijuana. Coleman’s urine sample tested positive for cocaine. A magistrate appointed attorney Gordon to represent Coleman and scheduled a revocation hearing before Judge Hood. Coleman moved, pro se, for new counsel. The court relieved Gordon and appointed Abell, who was present at the court’s request. Upon confirming that Abell had copies of Coleman’s reports, the court had a 14-minute recess. Abell informed the court that Coleman would not contest the drug-related charges and that Coleman was “ready to go forward today.” Judge Hood revoked supervised release and sentenced Coleman to 30 months of imprisonment—three months above the Guidelines range—without further supervised release. The Sixth Circuit affirmed, rejecting arguments that Coleman was constructively denied the assistance of counsel during his revocation hearing and that the court failed to consider relevant sentencing factors and did not justify the above-Guidelines sentence.
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