NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-2228 _____________ UNITED STATES OF AMERICA v. ADDIS AKA, Appellant _______________ On Appeal from the United States District Court for the District of New Jersey (D.C. No. 2-14-cr-00046-001) District Judge: Hon. William H. Walls _______________ Submitted Under Third Circuit LAR 34.1(a) January 22, 2019 Before: JORDAN, KRAUSE, and ROTH, Circuit Judges. (Filed: May 24, 2019) _______________ OPINION * _______________ * This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. JORDAN, Circuit Judge. Addis Aka appeals the sentence imposed on him by the District Court for violating the terms of his supervised release. We will affirm. I. BACKGROUND Aka pled guilty to conspiracy to commit access device fraud, in violation of 18 U.S.C.§ 371. 1 He was sentenced to time served and two years of supervised release. As a standard condition of release, he was required to not commit another federal, state, or local crime. About seventeen months after his release from prison, Aka was arrested for various state crimes, including theft and conspiracy to commit robbery, after choking and assaulting an individual during the course of a robbery. Two months later, he was arrested for several drug- and firearm-related offenses. 2 Based on those incidents, a warrant was issued charging him with violating his supervised release. 3 1 Aka and his codefendants manufactured and used fraudulent Visa and MasterCard gift cards to purchase merchandise. 2 Specifically, he was charged with violations of New Jersey law for possession of a controlled substance, possession with intent to distribute heroin, possession of a controlled substance with intent to distribute within 1,000 feet of a school, possession of a weapon, theft of movable property, possession of a loaded weapon, resisting arrest, and possession of a firearm while committing a controlled substance offense. 3 The warrant issued from the Middle District of Pennsylvania. Jurisdiction was later transferred to the District of New Jersey, where Aka was being held in state custody. 2 Before a revocation hearing was held, Aka pled guilty in state court to charges stemming from the above arrests and was sentenced to five years in prison. 4 In April 2018, Aka was released from state prison and into federal custody to answer for his alleged violations of supervised release. The District Court held a revocation hearing, and Aka pled guilty to violating supervised release by committing a state crime. The U.S. Probation Office determined that Aka’s conduct and Criminal History Category of I yielded a guidelines sentencing range of 12 to 18 months’ imprisonment. He requested a sentence of time served with no supervised release. He argued that the four-and-a-half years he had served in state prison for the underlying violation, along with the time he was likely to face due to an Immigration and Customs Enforcement (“ICE”) detainer against him, 5 made time served appropriate. The government requested a guidelines sentence of 12 to 18 months with ...
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