Courts Can Continue to Consider “Breach of Trust” at Revocation Hearings

US v. Chafin: Chaffin was on supervised release when he was alleged to have violated his conditions in various ways, mostly related to drug use. At the revocation hearing, the Government sought a term of imprisonment, while Chaffin sought a sentence of time served. The district court imposed a sentence of 9 months in prison (plus additional supervised release), explaining that was partly to “slam some sense into him” and for “violating the trust the Court put in him.”

On appeal, the Fourth Circuit affirmed Chaffin’s revocation sentence. Chaffin argued that prior precedent that allowed district courts to consider a “breach of trust” in revocation proceedings had been undermined by the Supreme Court’s recent decision in Esteras. The court disagreed, noting that the Supreme Court had expressly reserved the question that the prior Fourth Circuit case had decided and, therefore, it had not been undermined. The court also noted that among the factors that courts are required to consider in revocation proceedings are the applicable Guidelines, which incorporate the “breach of trust” theory.