United States v. Hood: Affirming Upward Variances for Domestic-Violence Violations of Supervised Release

Introduction

United States v. Antonio L. Hood (6th Cir. 2025) concerns the scope of a district court’s discretion when revoking supervised release and imposing a custodial sentence above the advisory policy-statement range in the U.S. Sentencing Guidelines. Antonio Hood, previously convicted of being a felon in possession of a firearm, twice violated the conditions of his supervised release. The second violation—an assault on his long-term partner—led the district court to impose an 18-month term, seven months higher than the top of the Grade C range (5-11 months) but below the statutory maximum of 24 months. On appeal Hood argued that the district court (1) procedurally erred by misapplying 18 U.S.C. § 3553(a) and ignoring mitigating factors and (2) substantively erred by giving excessive weight to the alleged strangulation conduct rather than the mere “breach of trust” inherent in supervised-release violations. The Sixth Circuit—Judges Clay (author), Kethledge, and Stranch—rejected both arguments and affirmed.

Summary of the Judgment

The panel held that:

No procedural error occurred because the district court properly calculated the Grade C range, expressly weighed § 3553(a) factors, explained the variance, and relied on record-supported facts (photos and body-camera footage).
No substantive error occurred because a seven-month upward variance reasonably reflected Hood’s history of violent non-compliance and the need for deterrence, distinguishing the more extreme upward deviation found unreasonable in United States v. Lee.

Accordingly, the 18-month sentence and one additional year of supervised release were affirmed.

Analysis

1. Precedents Cited

The court relied on an established two-tier “reasonableness” framework, invoking several leading precedents:

Gall v. United States, 552 U.S. 38 (2007) – the modern anchor for reviewing sentences for procedural and substantive reasonableness and granting deferential abuse-of-discretion review.
United States v. Vonner, 516 F.3d 382 (6th Cir. 2008) (en banc) – sets plain-error review when defendants fail to object to procedural shortcomings in the district court.
United States v. Bridgewater, 479 F.3d 439 (6th Cir. 2007) – clarifies that district judges may emphasize some § 3553(a) factors over others.
United States v. Lee, 974 F.3d 670 (6th Cir. 2020) – where a 23-month upward variance was vacated as overstated; the panel used it as a foil, explaining why Hood’s more modest variance was distinguishable.

The citation of Gall, Vonner, and Lee shows the Sixth Circuit locating Hood within the mainstream post-Booker sentencing jurisprudence, while implicitly refining how large an upward variance may be before substantive unreasonableness attaches—especially in domestic-violence contexts.

2. Legal Reasoning

The court’s reasoning proceeds in two layers:

Procedural Reasonableness. The district judge:
- Correctly identified the advisory policy-statement range (Grade C, 5-11 months) after deciding to credit Hood’s plea to aggravated assault, even while noting evidence sufficient for Grade A.
- Made detailed findings from photographs, police reports, and body camera video—none of which Hood credibly refuted.
- Explicitly linked the seven-month variance to (a) seriousness of the assault, (b) Hood’s prior fourteen-month revocation for gun-related threats, and (c) the demonstrated failure of earlier sanctions to deter.
- Considered mitigating points (steady employment, parenting, negative drug screens, the victim’s recantation) but assigned them limited weight.
Because Hood objected only to the length of the variance—not to the adequacy of explanation—the panel applied plain-error review to other criticisms and found none.
Substantive Reasonableness. The panel applied Gall’s totality test without any presumption of unreasonableness and distinguished Lee on four grounds:
- Magnitude: 7-month vs. 23-month variance.
- Nature of conduct: repeated, escalating domestic violence vs. single gun-possession incident.
- Need for deterrence: prior revocation had failed.
- Evidence of danger: photographs showing strangulation injuries.
Thus, the district court did not over-weigh Hood’s new criminal conduct.

3. Impact of the Decision

Although designated “Not Recommended for Publication,” Hood is still precedential within the Sixth Circuit under Fed. R. App. P. 32.1 and may therefore be cited. Key implications include:

Domestic-Violence Emphasis. The panel signals institutional intolerance for domestic violence committed while on supervision, endorsing upward variances grounded in photographic or video proof even where the defendant pleads to a lesser offense.
Underlying Conduct vs. Conviction Offense. District courts may treat revocation conduct as Grade A for analytical purposes, yet still exercise discretion to sentence within or modestly above the lower range—a pragmatic blueprint for future revocations.
Evidentiary Flexibility. Allowing the judge to credit police photographs and body-cam footage over a victim’s later recantation reinforces the principle that sentencing judges may resolve factual disputes by preponderance and need not accept self-serving statements.
Clarification of Lee. The opinion narrows Lee’s reach, stressing that moderate variances driven by new violent conduct and deterrence concerns ordinarily survive review.
Appellate Preservation. Hood underscores the importance of contemporaneous objections; failure to contest specific procedural issues consigns defendants to demanding plain-error review.

Complex Concepts Simplified

Supervised Release: A period of court-ordered community supervision that follows a federal prison term. Violations can lead to additional imprisonment.
Grade A / B / C Violations: The Guidelines classify violations by seriousness. Grade A includes violent crimes or drug trafficking; Grade C covers lesser offenses or technical violations. The grade determines the advisory range.
18 U.S.C. § 3553(a) Factors: Statutory considerations—such as the nature of the offense, the defendant’s history, deterrence, public protection, and disparity avoidance—that must guide federal sentencing.
Procedural vs. Substantive Reasonableness: Procedural: concerns the method—correct range, explanations, and consideration of factors. Substantive: concerns the outcome—whether the sentence length is too harsh or lenient given the facts.
Plain-Error Review: Appellate standard applied when a party fails to object in the trial court. Relief is granted only if the error is clear, affects substantial rights, and undermines the integrity of proceedings.

Conclusion

United States v. Hood fortifies district-court latitude to impose modest upward variances at revocation when reliable evidence shows serious new criminal conduct, especially domestic violence, even if the defendant pleads to a lesser offense or the Guidelines classify the violation as Grade C. The Sixth Circuit’s methodical approval—marrying Gall’s deferential framework with practical deterrence concerns—signals that on-record violence while under supervision will attract tougher federal sanctions. Future litigants should therefore prepare to meet photographic, audio, or video evidence head-on and to preserve every procedural objection at sentencing, lest they confront the high hurdle of plain-error review on appeal.