United States v. Colin Michael

Colin Michael appeals the 96-month term of imprisonment imposed upon him after revocation of his five-year term of probation. Because we conclude that the district court committed procedural error in failing to consider the Sentencing Commission's policy statements regarding probation revocations and, on this record, the error is not harmless, we remand for resentencing.

I. Background

On May 12, 2016, pursuant to a plea agreement, Colin Michael pled guilty to possession of child pornography, in violation of 18 U.S.C. § 2252 (a)(4). The offense has a statutory maximum term of imprisonment of 120…