Can a Judge's Religious Views Affect a Sentence? Not Under United States v. Hall

A federal judge cannot base a sentence on their own religious beliefs. The Eleventh Circuit ordered a new sentencing for Yvonne Hall after the judge called her a "demon."

What the Judge Said

Hall's supervised release, the period of supervision after federal prison, was revoked. The judge sentenced her to 36 months in prison. During the hearing, this exchange took place:

Court: 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.

Why the Sentence Was Reversed

The Eleventh Circuit reversed. It found that the judge's "sentencing decision was substantially affected by the consideration of religion."

Religion was a focal point of the conversation, and the judge twice called Hall a "demon" while explaining the sentence. That showed, the court said, that the "imposition of a lengthy prison term ... reflected the fact that its own sense of religious propriety had somehow been betrayed." The court sent the case back for resentencing. United States v. Yvonne Hall, No. 15-15096 (11th Cir. 2017).

A sentence after a supervised release revocation can be appealed like any other federal sentence. If a judge's comments suggest that something improper drove the sentence, the defense should object at the hearing, and the notice of appeal must be filed within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Ask for the hearing transcript, because the exact words matter, as they did here.

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