Anthony Ray Foley v. United States
HabeasCorpus
Is the 'reasonableness' standard or the 'plainly unreasonable' standard the proper standard for appellate review of a sentence imposed upon revocation of supervised release?
QUESTIONS PRESENTED 1. Is the “reasonableness” standard, under United States v. Booker, 543 U.S. 220 (2005), the proper standard for appellate review of a sentence imposed upon revocation of supervised release, as a number of federal circuit courts have held, or is the “plainly unreasonable” standard set forth in 18 U.S.C. §3742(a)(4) (applicable to non-Guidelines offenses) the proper standard, as other federal circuits have held? IL. Should a federal court of appeals vacate a sentence imposed upon revocation of supervised release when it finds that the sentence is unreasonable due to an error that was preserved in the court below, or should it require a showing that such a sentence, even though unreasonable, is “plainly unreasonable” under published circuit precedent? 1