Argued: May 8, 2018
from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:03-cr-00184-RGD-FBS-1)
Lawrence Hunter Woodward, Jr., RULOFF, SWAIN, HADDAD,
MORECOCK, TALBERT & WOODWARD, P.C., Virginia Beach,
Virginia, for Appellant.
Richard Daniel Cooke, OFFICE OF THE UNITED STATES ATTORNEY,
Richmond, Virginia, for Appellee.
J. Boente, United States Attorney, Alexandria, Virginia,
William D. Muhr, Assistant United States Attorney, OFFICE OF
THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
WILKINSON, TRAXLER, and THACKER, Circuit Judges.
WILKINSON, CIRCUIT JUDGE
Sanchez was placed on supervision after serving a
fifteen-year prison sentence for a federal firearm conviction
pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C.
§ 924(e). Within three months, he had violated the terms
of his supervised release by, among other things, threatening
to kill his 14-year-old daughter and her mother. At his
revocation hearing, Sanchez sought to contest the validity of
his underlying sentence. The district court rejected this
attempt on jurisdictional grounds and sentenced Sanchez to 13
months in prison and 47 months of supervised release. Because
district courts lack jurisdiction in revocation proceedings
to consider the validity of an underlying sentence, and
because the new term of supervised release was in no way
"plainly unreasonable, " United States v.
Crudup, 461 F.3d 433, 437 (4th Cir. 2006), we affirm.
begin with a bit of procedural history. After Sanchez
publicly beat the mother of his then-infant daughter while
brandishing a firearm, he was arrested and pleaded guilty to
being a felon in possession of a firearm in violation of 18
U.S.C. § 922(g)(1). The maximum sentence for this
offense is 10 years imprisonment, with up to 3 years of
supervised release. See id. §§ 924(a)(2),
3559(a)(3), 3583(b)(2). But because Sanchez had an extensive
and violent criminal history, the Presentence Report (PSR)
recommended that he be sentenced under ACCA. That statute
mandates a 15-year minimum sentence for anyone convicted of
Sanchez's offense who "has three previous
convictions . . . for a violent felony." Id.
§ 924(e)(1). It also authorizes up to 5 years of
listed approximately 30 prior convictions, many for violent
offenses. It highlighted a few of these convictions in making
its ACCA recommendation, including multiple Massachusetts
convictions for Assault and Battery with a Dangerous Weapon
and one Massachusetts conviction for Armed Assault with
Intent to Murder. The PSR accordingly recommended a sentence
of 180 to 188 months in prison and 3 to 5 years of supervised
release. Sanchez did not object to the PSR.
hearing, the district court sentenced Sanchez under ACCA to
180 months imprisonment and 5 years of supervised release.
Sanchez appealed his conviction and sentence, and we
affirmed. United States v. Sanchez, 153 Fed.Appx.
212 (4th Cir. 2005) (per curiam). Sanchez then filed a motion
attacking his sentence under 28 U.S.C. § 2255. That,