United States of America v. Derek Allen Stokes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DEREK ALLEN STOKES,
Defendant-Appellant.
No. 21-10224
D.C. No.
2:19-cr-00014-MMD-NJK-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Derek Allen Stokes appeals from the district court’s judgment revoking his
supervised release for the second time and imposing an eight-month sentence. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Stokes contends that, given the allegedly minor nature of his violations and
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 26 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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his rehabilitative efforts, the district court should have continued him on
supervision rather than imposing a custodial sentence. Given Stokes’s multiple
admitted violations, the district court did not abuse its discretion in electing to
revoke, rather than modify, his term of supervision. See 18 U.S.C. § 3583(e);
United States v. Perez, 526 F.3d 543, 547 (9th Cir. 2008). Moreover, the within-
Guidelines sentence is substantively reasonable in light of the § 3583(e) sentencing
factors and the totality of the circumstances, including Stokes’s repeated breaches
of the court’s trust and his unwillingness to participate meaningfully in substance
abuse treatment as required by the terms of his supervision. See Gall v. United
States, 552 U.S. 38, 51 (2007); United States v. Simtob, 485 F.3d 1058, 1062 (9th
Cir. 2007) (purpose of a revocation sentence is to sanction the defendant’s breach
of the court’s trust).
AFFIRMED.

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