Submitted June 9, 2014.
Appeal from United States District Court for the Eastern District of Arkansas - Little Rock.
For United States of America, Plaintiff - Appellee: Anne E. Gardner, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Arkansas, Little Rock, AR.
Christopher Hum, Defendant - Appellant, Pro se, Leavenworth, KS.
For Christopher Hum, Defendant - Appellant: William Owen James Jr., Little Rock, AR.
Before BYE, COLLOTON, and KELLY, Circuit Judges.
Christopher Hum appeals the revocation of his supervised release and resulting 60-month commitment to the Bureau of Prisons as substantively unreasonable. Having
jurisdiction under 18 U.S.C. § 3742, we affirm.
On August 15, 2006, Hum pled guilty to conspiracy to manufacture 500 grams or more of methamphetamine under 21 U.S.C. § 846. On December 8, 2006, Hum was sentenced to four years of imprisonment followed by five years of supervised release. On January 8, 2010, Hum began his term of supervised release. On September 7, 2012, Hum's probation officer filed a petition requesting the court set a revocation hearing based on Hum's failure to report for drug testing on five occasions; his submission of urine samples that tested positive for controlled substances on four occasions; his attempt to alter his drug test through the use of a " whizzonator" on December 1, 2010; and his arrest for assault on August 24, 2012. On January 28, 2013, a status hearing on the petition was set for February 4, 2013. On January 30, 2013, Hum submitted a urine sample that was later confirmed positive for marijuana. When Hum appeared for the February 4 status hearing, he again submitted a urine sample that tested positive for marijuana. At the conclusion of the status hearing, and by agreement of the parties, the district court modified Hum's supervised release conditions to include placement in a residential re-entry center for six months.
After several continuances to allow for resolution of Hum's pending assault charge, a supervised-release-revocation hearing was held on May 31, 2013. At this hearing, evidence of additional violations was offered: a March 11, 2013, urine sample that tested positive for amphetamine and Hum's failure to attend substance abuse treatment since February 14, 2013. Because Hum had possessed a controlled substance, refused to comply with drug testing, and tested positive for controlled substances more than three times in the course of one year, the district court found revocation of his supervised release was mandatory. See 18 U.S.C. § 3583(g). The court calculated Hum's advisory sentencing guideline range to be 4-10 months' imprisonment and noted the statutory maximum sentence of imprisonment was 60 months. Hum admitted to all the violations of supervised release but requested the opportunity to stay at the residential re-entry center rather than be returned to prison, " guarantee[ing]" he would " never be back in this courtroom again for any violation of any sort whatsoever." The court questioned whether Hum really wanted to make guarantees, given his inability to abide by the terms of his supervised release thus far, stating:
If you take this four months, go on down and do your four months and come on back out, or essentially what you can do is you can hold five years over your head. Because if you come back in my courtroom, I'm giving you the max. You understand?
Hum acknowledged that he understood. The court cautioned Hum about the difficulty he might face in abiding by the conditions of his ...