Supervised-Release Revocation: Circumstantial Proof and Deterrence-Based Upward Variances

Case: United States v. Cortez Green
Court: United States Court of Appeals for the Eleventh Circuit
Date: November 2, 2026
Disposition: Revocation of supervised release and 24-month prison sentence affirmed.

Precedential status: The opinion is designated “NOT FOR PUBLICATION.” It is not binding Eleventh Circuit precedent, although its reasoning may be persuasive. Its significance lies principally in applying existing revocation and sentencing standards, rather than announcing a new categorical rule.

1. Introduction

This appeal concerned the evidence necessary to establish a supervised-release violation and the permissible justification for imposing a prison sentence substantially above the advisory revocation range. Cortez Deandre Green challenged both the finding that he helped steal tires from his employer and the resulting 24-month sentence, which exceeded his advisory range of 8 to 14 months.

The United States defended the district court’s reliance on surveillance footage, witness testimony, and Green’s broader record of noncompliance. The Eleventh Circuit affirmed. It held that the theft finding was not clearly erroneous and that the district court permissibly emphasized deterrence, Green’s conduct during supervision, and his lack of trustworthiness.

The opinion is particularly important for its treatment of the boundary between permissible, forward-looking sentencing considerations and impermissible retribution under Esteras v. United States. Although the sentencing judge criticized Green’s exploitation of an employment opportunity, the appellate court understood those comments as addressing deterrence and his prospects under supervision—not punishment for its own sake.

2. Background and Procedural History

The original conviction and first revocation

In 2022, Green pleaded guilty to possessing a firearm as a convicted felon. He received 37 months’ imprisonment followed by three years of supervised release, beginning August 20, 2024.

His first revocation followed a September 2025 petition alleging marijuana use and additional criminal conduct involving marijuana possession and evidence tampering. Green admitted those violations. In October 2025, the district court imposed time served, a new 24-month supervised-release term, and 11 months of location monitoring.

The second revocation proceeding

In December 2025, the probation officer filed another petition. It alleged that Green had concealed his termination from a tire wholesaler, continued leaving home during employment-related monitoring windows, falsely claimed that he remained employed, associated with a convicted felon, and participated in stealing tires from his employer.

The government withdrew the association allegation. Green admitted the employment-reporting and monitoring-related violations but disputed participating in the theft.

The government’s evidence included:

  • Security footage placing Green near the stored tires immediately before they were rolled toward a delivery truck and showing him looking out from that area afterward.
  • Testimony from the employer’s operations manager identifying Green and his coworker in the footage.
  • Evidence that the tires, worth nearly $1,000, were absent from the authorized delivery list.
  • GPS information showing an unauthorized residential stop by the delivery truck.
  • Police testimony establishing that the tires were recovered at that address.
  • Evidence that Green and the coworker left work abruptly before a detective arrived.

Green emphasized that other employees were present, an authorized employee could direct loading, and the recovery address had no established connection to either him or his coworker. He also relied on his employment history and the absence of further positive drug tests after the earlier revocation.

The district court found that Green helped steal the tires. Although only a preponderance of the evidence was required, the judge stated that the evidence established participation “beyond a reasonable doubt.” The court then imposed the statutory maximum of 24 months’ imprisonment.

3. Summary of the Opinion

The Eleventh Circuit rejected both appellate challenges:

  1. Revocation was supported by sufficient evidence. The surveillance footage and identifying testimony supported the district court’s inference that Green participated in the theft. That factual finding was not clearly erroneous.
  2. The above-guidelines sentence was substantively reasonable. The district court could consider the theft together with Green’s repeated violations, deception of his probation officer, and conduct during supervision.
  3. The sentencing rationale remained within statutory limits. The appellate court interpreted the district court’s remarks as emphasizing specific and general deterrence, along with Green’s history and characteristics, rather than the prohibited retributive considerations identified in Esteras v. United States.

The decision does not establish that employer theft automatically warrants the statutory maximum. Its conclusion rests on the combined circumstances of Green’s case and the deferential standards governing appellate review.

4. Analysis

A. Precedents Cited and Their Influence

United States v. Vandergrift, 754 F.3d 1303, 1307 (11th Cir. 2014)

The court cited this decision for the rule that revocation of supervised release is reviewed for abuse of discretion. Its role was to establish the appellate framework: the court was reviewing whether the district court acted within its lawful discretion, not deciding the revocation question anew. The opinion did not rely on this authority to define the evidentiary burden or establish the permissibility of particular sentencing purposes.

United States v. King, 57 F.4th 1334, 1337–38 (11th Cir. 2023)

This decision supplied two central principles. First, a sentence imposed after revocation is reviewed for substantive reasonableness under the abuse-of-discretion standard. Second, the defendant challenging the sentence bears the burden of showing that it is unreasonable in light of the facts and applicable statutory factors.

Those principles framed Green’s sentencing challenge. His evidence of steady employment and improved drug-test results did not itself establish that the district court’s competing assessment was unreasonable.

United States v. Irey, 612 F.3d 1160, 1189 (11th Cir. 2010) (en banc)

The court cited this en banc decision as additional authority for abuse-of-discretion review of substantive reasonableness. The opinion did not develop a separate analysis under it. Its contribution was to situate the revocation sentence within the circuit’s broader framework for reviewing sentencing discretion.

Esteras v. United States, 606 U.S. 185, 192, 195–97 (2025)

This Supreme Court decision supplied the principal limitation on the district court’s sentencing rationale. Section 3583(e) identifies which § 3553(a) factors may inform supervised-release revocation. It omits § 3553(a)(2)(A), which concerns reflecting the offense’s seriousness, promoting respect for law, and providing just punishment.

As the opinion explains, the permitted purposes are forward-looking, including deterrence, incapacitation, and rehabilitation, rather than backward-looking retribution. The Eleventh Circuit expressly examined Green’s revocation and sentence against this restriction and concluded that the district court had not relied on forbidden considerations.

This authority therefore constrained the analysis. The court could not affirm merely because stealing from an employer deserved severe punishment; it had to identify permissible purposes supporting the sentence.

United States v. Almand, 992 F.2d 316, 318 (11th Cir. 1993)

The court relied on this decision for clear-error review of the district court’s factual findings. Once the district court evaluated the evidence and found that Green participated in the theft, that finding bound the appellate court unless clearly erroneous.

This principle was decisive because Green offered competing interpretations of circumstantial evidence. The appellate court did not have to determine that his explanations were impossible. It needed to decide whether the district court’s inference was adequately supported.

United States v. Butler, 39 F.4th 1349, 1356 (11th Cir. 2022)

This decision supported the district court’s discretion to assign substantial weight to particular permissible sentencing factors. Appellate judges do not substitute their preferred balance of those factors for the sentencing court’s reasonable assessment.

Applied here, that principle allowed deterrence and the pattern of noncompliance to outweigh the mitigating points Green emphasized. Importantly, discretion over weight operates only among legally permissible considerations; it does not authorize reliance on factors excluded by § 3583(e).

United States v. Oudomsine, 57 F.4th 1262, 1267 (11th Cir. 2023)

The court cited this decision for the importance of general deterrence as a sentencing purpose. It reinforced the conclusion that the district court could seek to discourage not only Green, but also others on supervised release, from committing crimes against employers and deceiving probation officers.

This precedent helped explain why the sentencing rationale extended beyond Green’s personal likelihood of reoffending. General deterrence was a permissible consideration, although it did not eliminate the need for an individualized assessment.

B. Legal Reasoning

1. Revocation requires proof of a violation, not a new criminal conviction

Under 18 U.S.C. § 3583(e)(3), a district court may revoke supervised release after finding by a preponderance of the evidence that the defendant violated a release condition, subject to the applicable statutory framework.

The state arrest warrant therefore was not itself the decisive proof, and a separate theft conviction was unnecessary. The district court heard testimony and reviewed the security footage before making its own finding about Green’s conduct.

The judge’s statement that participation was established beyond a reasonable doubt did not change the governing burden. It expressed confidence exceeding the legally required threshold, rather than creating a heightened standard for future revocation proceedings.

2. Circumstantial evidence supported the theft finding

The appellate court emphasized the sequence shown in the video: Green entered the area where the tires were stored, the tires emerged toward the truck, and Green then looked out from between the tire stacks. The manager identified him in the footage.

The inference depended on the timing and relationship of those events, not necessarily on an unobstructed image of Green physically rolling the tires. The wider evidence—unauthorized loading, an unauthorized delivery stop, and recovery of the tires there—confirmed the surrounding theft transaction.

Green’s arguments exposed possible alternative explanations, particularly the presence of other employees and the lack of a demonstrated connection to the recovery address. Nevertheless, the appellate court concluded that those possibilities did not make the district court’s finding clearly erroneous.

Although Green’s admitted violations independently established noncompliance, the court separately resolved the disputed theft finding because that conduct materially informed the sentence.

3. The sentence rested on cumulative conduct, not isolated technical violations

Green characterized the employment-reporting failures as technical violations insufficient to justify a substantial upward variance. That argument did not fully address the district court’s rationale. The sentencing court considered those violations alongside the theft and Green’s overall performance under supervision, including a prior revocation only months earlier.

The distinction matters. The opinion does not hold that any reporting lapse warrants the statutory maximum. Rather, deception about employment could carry greater significance when combined with criminal conduct and repeated failures to comply with supervision.

4. The court distinguished deterrence from retribution

The district court emphasized that employers willing to hire people on supervised release are difficult to find and that stable employment is important to successful reintegration. It also concluded that Green’s deception showed he was not trustworthy.

Such observations could potentially support different sentencing purposes. They might describe conduct deserving condemnation, but they might also identify behavior that threatens successful supervision and requires deterrence. The Eleventh Circuit adopted the latter interpretation.

The judge did not use the word “deter,” but the appellate court found the intended purposes sufficiently clear from context. This demonstrates that no particular verbal formula was required on this record. It does not mean that invoking deterrence can cure an otherwise retributive rationale.

Likewise, the discussion of breached trust did not establish trust as an unrestricted, freestanding justification for imprisonment. The appellate analysis connected those concerns to authorized factors, particularly deterrence, the nature of the violations, and Green’s history and characteristics.

5. An above-guidelines sentence remained subject to individualized review

The 24-month sentence exceeded the advisory range’s upper limit by ten months and reached the statutory maximum. The appellate court nonetheless concluded that Green had not shown substantive unreasonableness.

The opinion’s reasoning depended on the district court’s explanation and the combined record. Neither the advisory range nor the statutory maximum resolved the question automatically: an advisory range permits justified variation, while a statutory ceiling does not by itself establish that every sentence beneath it is reasonable.

Green raised substantive reasonableness, and the court addressed whether the sentence was supportable in these circumstances. The opinion did not adjudicate a separate procedural-reasonableness challenge.

C. Potential Impact and Limits

  • Video evidence need not show every physical act. Identifying testimony and a coherent sequence of events may support a revocation finding even when the defendant’s precise action is partly obscured.
  • Successful aspects of supervision do not erase other misconduct. Employment and improved drug-test results remain relevant mitigation, but the sentencing court may give greater weight to renewed criminal conduct and deception.
  • Employment-related misconduct can bear on permissible sentencing purposes. Its significance may extend beyond the employer’s financial loss to deterrence and the defendant’s prospects for compliant supervision.
  • Sentencing explanations require careful statutory discipline. After Esteras v. United States, courts must distinguish permissible consideration of conduct and risk from an impermissible desire to impose deserved punishment.
  • The holding is fact-specific and nonbinding. The opinion does not prescribe a standard sentence for employer theft, establish that reporting violations are inherently serious, or authorize maximum sentences whenever trust is breached.

For future litigation, the central practical question is likely to be how the record connects the chosen sentence to authorized purposes. Here, the appellate court found that connection in the sentencing judge’s discussion of Green’s repeated conduct, dishonesty, and exploitation of an important opportunity for lawful employment.

5. Complex Concepts Simplified

Supervised release
A period of court-ordered supervision following imprisonment. Violating its conditions can result in revocation and additional imprisonment.
Preponderance of the evidence
The court must find that a violation more likely than not occurred. This is a lower burden than proof beyond a reasonable doubt.
Circumstantial evidence
Evidence supporting a conclusion through inference. Seeing someone enter a storage area immediately before property emerges may help establish participation without directly showing every movement.
Clear error
A deferential standard for reviewing factual findings. An appellate court does not overturn a supported finding merely because another interpretation is possible.
Abuse of discretion
A standard asking whether the trial court remained within lawful and reasonable decision-making bounds, rather than whether appellate judges would have chosen the same outcome.
Upward variance
A sentence above the advisory range. Here, the district court selected 24 months rather than a sentence within 8 to 14 months.
Substantive reasonableness
Whether the sentence’s length is reasonable in light of the circumstances and permissible statutory considerations.
Specific deterrence, general deterrence, and retribution
Specific deterrence seeks to discourage this defendant from reoffending; general deterrence seeks to discourage others. Retribution imposes punishment because misconduct deserves it. The opinion treats deterrence as permissible in this revocation setting and retribution as excluded.

6. Conclusion

United States v. Cortez Green illustrates how circumstantial evidence can support supervised-release revocation and how cumulative misconduct can justify an above-guidelines sentence. Appellate deference applied both to the district court’s factual findings and to its weighing of permissible sentencing considerations.

The decision’s central limitation is equally important: revocation sentencing must remain anchored in the purposes authorized by § 3583(e), not retribution. Its significance is therefore a fact-specific application of existing law—particularly the distinction between deterrence and punishment for its own sake—not a new binding rule requiring severe sentences for employment-related violations.