8th Circuit decides N.D. case Friday, August 2, 2024

The 8th Circuit Court of Appeals affirmed the district court decision in United States v. Kylee Starr.

"Kylee Starr pleaded guilty to three controlled substance offenses in October 2022. She was released to a sober living home while awaiting sentencing. In March 2023, the district court sentenced her to time served and 48 months of supervised release, granting safety-valve relief and a substantial assistance downward departure. Starr relapsed on fentanyl in June 2023 and was terminated from the sober living home. Her probation officer filed a petition to revoke her supervised release, and Starr admitted to committing Grade C violations.

The United States District Court for the District of North Dakota revoked her supervised release and imposed a 24-month imprisonment sentence, followed by three years of supervised release. The court varied upward from the advisory guidelines range of 3 to 9 months, citing the seriousness of Starr's violations and the danger she posed to others. The government had requested a 9-month sentence, while Starr's defense counsel argued for a 3-month sentence, emphasizing her previous year of sobriety and the potential negative impact of a long incarceration on her recovery.

The United States Court of Appeals for the Eighth Circuit reviewed the substantive reasonableness of the revocation sentence under the deferential abuse-of-discretion standard. The court affirmed the district court's decision, noting that the district court had considered the relevant sentencing factors and the advisory guidelines. The court found that the district court did not abuse its discretion by imposing an above-range sentence, given Starr's repeated inability to adhere to supervised release conditions and the danger she posed to others. The court also noted that the district court had considered mitigating factors but afforded them less weight than Starr would have preferred." (Source: https://law.justia.com/cases/federal/appellate-courts/ca8/23-3010/23-3010-2024-08-02.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2024-08-03-us-court-of-appeals-for-the-eighth-circuit-9ae51cef98&utm_content=text-case-title-5)

Click here to read the opinion: https://media.ca8.uscourts.gov/opndir/24/08/233010P.pdf