[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JULY 23, 2007
No. 07-10660 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 99-00058-CR-WDO-5
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES CHRISTOPHER TURK,
a.k.a. Chris Turk,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
_________________________
(July 23, 2007)
Before DUBINA, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Appellant James Christopher Turk appeals the district court’s imposition of
24 months incarceration upon revocation of his supervised release. Turk argues
that the above-guideline range sentence is unreasonable.
A district court’s decision to exceed the advisory sentencing range in
Chapter 7 of the Sentencing Guidelines, U.S.S.G. § 7B1.4, is reviewed for an abuse
of discretion. United States v. Silva, 443 F.3d 795, 798 (11th Cir. 2006) (affirming
imposition of 24 months incarceration where the guidelines advised 3 to 9 months)
(revoking sentence under 18 U.S.C. § 3583(e)). We review the sentence imposed
upon the revocation of supervised release for reasonableness. United States v.
Sweeting, 437 F.3d 1105, 1106-07 (11th Cir. 2006).
Section 3583 of Title 18 provides that a district court may revoke a term of
supervised release and impose a sentence of imprisonment for the violation after
considering factors set forth in 18 U.S.C. § 3553(a)(1), (a)(2)(B)-(D), and (a)(4)-
(7). 18 U.S.C. § 3583(e). The term imposed cannot exceed the statutory
maximum. See Sweeting, 437 F.3d at 1107. However, revocation of supervised
release is mandatory if, among other things, the defendant possesses a controlled
substance in violation of the conditions of supervised release. 18 U.S.C. §
3583(g)(1). Additionally, consideration of rehabilitative needs or the other §
3553(a) factors is neither required nor prohibited when revocation of supervised
release is mandatory under 18 U.S.C. § 3583(g). United States v. Brown, 224 F.3d
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1237, 1241-42 (11th Cir. 2000) (affirming imposition of 24 months incarceration
where guidelines advised 11 months).
For a Class A felony, the district court may not sentence a defendant for
more than five years in prison. 18 U.S.C. § 3583(b)(1). Chapter 7 of the
Sentencing Guidelines addresses violations of supervised release and recommends
a sentencing range of 3 to 9 months for a Grade C violation with a criminal history
category of I. U.S.S.G. § 7B1.4. We have consistently held that the policy
statements of Chapter 7 are merely advisory and not binding. United States v.
Aguillard, 217 F.3d 1319, 1320 (11th Cir. 2000) (affirming imposition of 24
months incarceration where the guidelines advised 3 to 9 months).
Considering Turk’s history and his violations of the conditions of his
supervised release, we conclude from the record that the district court did not abuse
its discretion in imposing a sentence that exceeded the recommended guideline-
range, and that the ultimate sentence was reasonable. Accordingly, we affirm
Turk’s sentence.
AFFIRMED.
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