UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-4832

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LAMONT DEMANUEL EVERETT,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Louise W. Flanagan,

Chief District Judge. (5:04-cr-00179-FL-1)

Submitted: February 28, 2012 Decided: April 9, 2012

Before AGEE, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, 

Assistant Federal Public Defender, Raleigh, North Carolina, for 

Appellant. Thomas G. Walker, United States Attorney, Jennifer 

P. May-Parker, Kristine L. Fritz, Assistant United States 

Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

Lamont Demanuel Everett appeals the twenty-four-month 

sentence imposed upon revocation of his term of supervised 

release. He contends that the district court imposed the 

statutory maximum revocation sentence based on his need for 

mental health treatment in violation of Tapia v. United States, 

131 S. Ct. 2382 (2011), which provides that a prison term may 

not be lengthened for the purpose of providing rehabilitation. 

We disagree and therefore affirm.

We will not disturb a sentence imposed after 

revocation of supervised release that is within the prescribed 

statutory range and is not plainly unreasonable. United 

States v. Crudup, 461 F.3d 433, 437-39 (4th Cir. 2006). In 

making this determination, we first consider whether the 

sentence is unreasonable. Id. at 438. “This initial inquiry 

takes a more deferential appellate posture concerning issues of 

fact and the exercise of discretion than reasonableness review 

for [G]uidelines sentences.” United States v. Moulden, 478 F.3d 

652, 656 (4th Cir. 2007) (internal quotation marks and citations 

omitted). 

Although a district court “ultimately has broad 

discretion to revoke its previous sentence and impose a term of 

imprisonment up to the statutory maximum,” Crudup, 461 F.3d at 

439 (internal quotation marks omitted), the court must consider 
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the Chapter Seven policy statements in the federal Sentencing 

Guidelines manual, as well as the statutory requirements and 

factors applicable to revocation sentences under 18 U.S.C. 

§§ 3553(a), 3583(e) (2006). 

Citing Tapia, Everett contends that his sentence is 

plainly unreasonable because the district court improperly 

considered his need for mental health treatment. Although 

counsel argued extensively about Everett’s mental health 

concerns, noting that Everett’s “mental health situation seems 

to be driving this case to a very large extent,” our review of 

the revocation hearing transcript leads us to conclude that the 

district court did not rely on Everett’s need for mental health 

treatment in determining the appropriate sentence. Rather, the 

district court considered Everett’s history of angry outbursts 

when frustrated or when told what to do, his difficulties 

accepting the authority of the court or the probation officer, 

his prior violations for which he was allowed to continue on 

supervision, and the “patterns and practices” that Everett 

exhibited from an early age. The court did not mention 

Everett’s need for treatment in connection with the imposition 

of the 24-month sentence, but rather stated that it considered 

the mental health issue “in mitigation.” Only after the court 

imposed sentence and in response to Everett’s attorney’s 

request, the court recommended that Everett be imprisoned at FCI 
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Butner and that he be given a mental health evaluation. We 

conclude that the 24-month revocation sentence does not run 

afoul of Tapia. Accordingly, we affirm the revocation judgment. 

We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

AFFIRMED