Resentencing Ordered After Judge Said Defendant “Turned Into A Demon”

Yvonne Hall’s supervised release was revoked and sentenced to 36 months imprisonment. Resentencing is now scheduled after Yvonne Hall's judge made inappropriate religious comments at sentencing.The following exchange between the judge and the defendant took place at sentencing:

Have you ever picked up the Bible?

Yvonne Hall : Yes, I have.

Court: What have you done with it?

Yvonne Hall : I mean, I read it. It's nothing—I don't think it's a spiritual thing.

...

Court: And I'm going to sentence you to 36 months' custody .... But I just wish that you would give yourself time to reflect on the self, that you have turned into a demon and you've known it. You're not sick. You've turned yourself into a demon and you need not have done that.

The Eleventh Circuit reversed, finding “the court's colloquy with Yvonne Hall makes clear that its sentencing decision was substantially affected by the consideration of religion.” According to the court, “religion was a focal point of the colloquy, and the court, in explaining its sentencing decision, twice called Hall a “demon,” thus indicating that its “imposition of a lengthy prison term ... reflected the fact that its own sense of religious propriety had somehow been betrayed.” The case was remanded for re-sentencing. United States v. Yvonne Hall , No. 15-15096 (11th Cir. 2017).

About Brandon Sample

Brandon Sample is an attorney, author, and criminal justice reform activist. Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).

Recommended for you

Newsletter July 2nd, 2021

NEWSLETTER July 2, 2021 Welcome to the weekly edition of our newsletter. VIEWS ON THE LAW [-] Borden and 924(c) Whenever the Supreme Court invalidates part of a criminal statute, the question comes up about whether the Court’s reasoning could affect similar statutes and whether this opens the door for relief. The Court held in…

Read More about Newsletter July 2nd, 2021

Amendment 782 Motion Reconsideration

Reinaldo Rivera moved for 18 U.S.C. § 3582(c)(2) relief based on Amendment 782 to the Guidelines, commonly known as “drugs minus 2.” The district court granted the motion and reduced his sentence to 420 months from LIFE. But in doing so, the district court believed Rivera’s mandatory minimum was 30 years for his CCE conviction.…

Read More about Amendment 782 Motion Reconsideration

Drug Treatment And Vocational Training Improper Sentencing Considerations

Christopher Thornton moved for a downward variance at sentencing arguing, among other things, that “in-prison treatment during the proposed thirty-eight months would help mitigate any potential risk he posed to the community.” The district court denied the motion, but in doing so said that Thornton had “mental-health issues, and he needs drug treatment” and that…

Read More about Drug Treatment And Vocational Training Improper Sentencing Considerations