Argued December 11, 2014.
Appeal from the United States District Court for the District of South Carolina, at Columbia. (3:08-cr-00004-CMC-1). Cameron McGowan Currie, Senior District Judge.
Katherine E. Evatt, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant.
Winston David Holliday, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
William N. Nettles, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Before MOTZ and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Judge Motz wrote the opinion, in which Judge Thacker and Senior Judge Davis joined.
DIANA GRIBBON MOTZ, Circuit Judge:
Cynthia Lemon appeals her twenty-four month prison sentence for several violations of her supervised release. She argues that the district court committed plain error at her revocation hearing by considering her rehabilitative needs as a factor in determining the length of her sentence. For the following reasons, we affirm.
The parties do not dispute the facts of this case. In 2008, Lemon pleaded guilty to conspiracy to defraud the United States by making, uttering, and possessing forged securities in violation of 18 U.S.C. § 513 and § 371. The district court sentenced her to thirty months in prison and three years of supervised release. Lemon's supervised release term began in February 2013. Five months later, she was arrested for multiple violations of her supervision, including several instances of forging checks.
Based on the nature of Lemon's violations and her extensive criminal history, the supervised release violation report provided for a Guidelines range of 21-27 months' imprisonment. Factoring in the statutory maximum reduced that range to 21-24 months. Lemon filed no objections to the report, and ...