Federal appeals court changes how probation violations are resentenced

The 10th U.S. Circuit Court of Appeals ruled 11-1 that federal judges do not have to use a two-step process when resentencing people who violate probation. The court said judges should use the sentencing range for the violation while also considering the range for the underlying offense.

The en banc ruling overturned a framework adopted in a prior panel decision. Judge Gregory A. Phillips dissented, arguing the majority’s approach conflicted with congressional intent and could produce more lenient sentences for probation violators.

The decision arose from the case of Colorado defendant Malachi Mathias Moon Seals, who received a 36-month prison sentence after violating probation imposed in a federal threats case. En banc reviews are rare, and the ruling allows the circuit to overrule its own panel precedents.

Read the full story at coloradopolitics.com.