In U.S. v. Posley, 2008 WL 5351898 (E.D. Va. December 22, 2008), the Eastern District of Virginia affirmed a magistrate judge’s sentence of two years probation, including a six-month period of incarceration, where the defendant pled guilty to his fifth DWI offense in ten years.
While operating his motor vehicle on Pentagon property, the defendant, Aaron Posley (“Posley”) was arrested for, inter alia, driving while intoxicated. Id. at * 1. Posley pled guilty to the DWI charge and was sentenced to two years probation with special conditions, including a six-month continuous term of imprisonment, by the magistrate judge. Id. Posley appealed this sentence to the District Court, arguing that the sentence was unreasonable and unauthorized by applicable statutory authority. Id.
The Court began its analysis by setting forth the pertinent statutory framework. Id. at * 2. The Court noted that a DWI offense is a Class B misdemeanor punishable by no more than a six month prison sentence. Id. The Court also noted that a sentencing court may place conditions on probation, as authorized by statute. Id. (citing 18 U.S.C. § 3563). There are twenty-three discretionary conditions a sentencing court may impose of a defendant’s probation. Id. (citing 18 U.S.C. § 3563(b)). Factors a sentencing court should consider in applying conditions to probation include the nature and circumstances of the offense and the history and characteristics of the offense, as well as public safety and deterrence. Id. A sentencing court may instruct a defendant to satisfy “such other conditions as the court may impose.” Id. at * 3 (citing 18 U.S.C. § 3563(b)(22)).
The Court held that the magistrate judge had the authority to impose a sentence of a six-month term of imprisonment as a condition of probation given the broad mandate provided to a sentencing court under 18 U.S.C. § 3563(b)(22), the legislative history of the pertinent code sections, and the canons of statutory construction applicable to the instant matter. Id. Moreover, because of the defendant’s extensive history of DWI offenses and the likelihood that Posley would drive while intoxicated again, the magistrate judge’s sentence was not unreasonable given the serious danger Posley posed to the public. Id. at 5. The Court opined that Posley’s own acts, namely being convicted for five DWI offenses in a ten-year period, established that Posley had little regard for the rule of law that required a stern sentence to illuminate Posley as to the seriousness of his conduct. Id. at * 6. The Court held that Virginia’s more severe scale of punishment for the same offense further buttressed the propriety of the sentence. Id. As such, the Court affirmed the sentence, as it was both fair and reasonably related to protecting the public. Id.
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