United States v. Marcell Antonio Tillman
CourtCourt of Appeals for the Sixth Circuit
Date FiledNovember 5, 2026
Docket26-1195
JudgeKaren Nelson Moore; Julia Smith Gibbons; Joan L. Larsen
StatusUnpublished
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Full Opinion
NOT RECOMMENDED FOR PUBLICATION
File Name: 26a0446n.06
No. 26-1195
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
Nov 05, 2026
) KELLY L. STEPHENS, Clerk
UNITED STATES OF AMERICA,
)
Plaintiff-Appellee, )
ON APPEAL FROM THE
)
v. UNITED STATES DISTRICT
)
COURT FOR THE WESTERN
)
MARCELL ANTONIO TILLMAN, DISTRICT OF MICHIGAN
)
Defendant-Appellant. )
OPINION
)
Before: MOORE, GIBBONS, and LARSEN, Circuit Judges.
LARSEN, Circuit Judge. The district court sentenced Marcell Tillman to 24 months’
imprisonment after revoking his supervised release for a second time. Tillman challenges the term
of imprisonment as procedurally and substantively unreasonable. We AFFIRM.
I.
In 2022, Marcell Tillman pleaded guilty to being a felon in possession of a firearm. The
district court sentenced him to 15 months’ imprisonment followed by 3 years’ supervised release.
Tillman was released from custody and began his term of supervised release in August 2023.
Tillman didn’t stay out of trouble for long. Just over a month later, the probation
department filed a petition for revocation of supervised release. The petition alleged four
violations of Tillman’s release terms stemming from his stay at a re-entry center, a requirement
for the first three months after his release from prison. The petition alleged three violations for
failure to follow re-entry center rules, and one for threatening staff by yelling, swearing and acting
aggressively. Tillman admitted to all four violations. The district court, frustrated by Tillman’s
No. 26-1195, United States v. Tillman
quick return to trouble, revoked his supervised release and sentenced him to 10 months’
imprisonment followed by 2 years of supervised release.
Tillman was released from prison in July 2024 and began his second term of supervised
release. In November 2025, the probation department filed a second petition to revoke supervised
release, alleging that Tillman had violated state law by committing assault and battery on a victim
named T.G.
The assault occurred during an incident that ended in the shooting death of another
individual (J.R.) outside an apartment complex. Witnesses to the shooting reported that Tillman
had been “in a physical altercation” with J.R.’s friend, T.G., “immediately before” the shooting.
R. 54, Probation Petition & Order, PageID 166. T.G. confirmed that account, telling officers that
he and Tillman had argued and then Tillman struck him in the head, knocking him to the ground.
While on the ground, T.G. heard Tillman say “get the gun” and then heard a gunshot. Id. T.G.
then saw Tillman flee in his vehicle. Tillman was initially arrested for the homicide, but
investigators later determined that another person in Tillman’s car had shot J.R.
The probation department later added charges to the petition related to Tillman’s
possession and use of marijuana. The probation office calculated Tillman’s Guidelines range as 4
to 10 months but recommended a 12-month term of imprisonment given Tillman’s violent criminal
history and his repeated inability to abide by his supervision terms.
Tillman admitted to the assault and battery violation in return for dismissal of the marijuana
violations. The district court revoked Tillman’s supervision and imposed an above-Guidelines
term of imprisonment of 24 months. Given Tillman’s repeated run-ins with the law and quick
return to criminal conduct, the court imposed the maximum statutory sentence. Tillman now
appeals.
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II.
Procedural Reasonableness. Tillman first challenges the procedural reasonableness of his
term of imprisonment. Generally, we review procedural challenges for an abuse of discretion.
United States v. Rayyan, 885 F.3d 436, 440 (6th Cir. 2018). But where, as here, the defendant has
failed to preserve the procedural challenge, we review for plain error. See United States v. Parrish,
915 F.3d 1043, 1048 (6th Cir. 2019). To satisfy plain error, Tillman must “show (1) error (2) that
was obvious or clear, (3) that affected defendant’s substantial rights[,] and (4) that affected the
fairness, integrity, or public reputation of the judicial proceedings.” United States v. Vonner, 516
F.3d 382, 386 (6th Cir. 2008) (en banc) (citation omitted). Procedural reasonableness requires the
court to, among other things, “select the sentence based on facts that are not clearly erroneous[]
and adequately explain why it chose the sentence.” Rayyan, 885 F.3d at 440.
Tillman first argues that the district court failed to adequately explain its reasons for his
24-month term of imprisonment. We disagree.
The district court began by considering the nature and circumstances of his violation of the
conditions of supervised release. It recognized that Tillman was young (29 years old at the time
of the hearing) but stated, “I don’t believe, based on everything that I’ve seen, from the first time
that I sentenced you to the second time that I saw you on a supervised release, to now, that there’s
any sentence that I can give you that will deter you from the conduct that you’ve been engaged in
for many years now.” R. 83, Supervised Release Violation Tr., PageID 247. The court noted that
the “conduct [was] assaultive,” “dangerous,” and “involve[d] weapons possessions.” Id. And
Tilman had “started this whole situation with this fight that then escalated into someone getting
murdered.” Id. at 248. The court explained that it wasn’t sentencing Tillman for the murder, but
for his actions, which were “quite serious given [his] history.” Id. at 248–49.
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The court then turned to Tillman’s criminal history. Tillman had been in the criminal
system since he was fourteen and, although still young, had “a total of maybe 20 plus convictions.”
Id. at 249. While “a lot of those were traffic-related,” including driving on a suspended license,
some were firearm offenses. Id. Tillman had also been charged “with threatening someone” and
had “admitted to shooting a man inside a hallway of an apartment building.” Id. And when the
court last saw Tillman it was because he had failed out of a re-entry center after “threaten[ing] the
staff, yelling, swearing, [and] beating on doors.” Id. In sum, the court told Tillman, “You have a
history that involves assaultive behavior, you have a history that involves weapons related
behavior, you have convictions for assault with the intent to murder and firearms violations,
convictions for aggravated assault, assault and battery and now another assault and battery in a
situation that was highly volatile.” Id. at 249–50.
Returning to its initial consideration, the court stated its concern that no term of
imprisonment it could impose would deter Tillman, given that “no sentence that has been given
since [he was] age 14” had deterred him yet. Id. at 250. The court told Tillman, “[Y]ou haven’t
shown that you can be deterred. You certainly haven’t shown me that any sentence has also
deterred you to the extent that it’s protected the public from further crimes that you commit—that
you will commit because you continue to commit.” Id. The court continued, “As I look at
everything in totality, Mr. Tillman, I fear that there will come a day when you will either be killed
or you will kill someone if you continue the conduct that you have exhibited.” Id. Based on all
of this, the court revoked Tillman’s supervised release and imposed an upward variance of 24
months’ imprisonment. The court more than adequately explained its chosen rationale. Rayyan,
885 F.3d at 440.
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No. 26-1195, United States v. Tillman
Despite this thorough explanation, Tillman maintains that the district court didn’t do
enough to explain its decision to vary upward to the statutory maximum. Again we disagree. After
imposing the 24-month term, the court stated, “I’ll make a record of the fact that I have not done
this very often where I [vary] and [vary] upward in the manner that I have.” R. 83, Supervised
Release Violation Tr., PageID 251. But it was necessary here “for all the reasons stated and the
nature and circumstances of the offense, [the criminal] history, the need to protect the public, [and]
the need to afford adequate deterrence.” Id. Even 24 months likely wasn’t enough in the court’s
view. Id. at 251–52. The court elaborated, “When I sentenced you the first time, on the original
count, I gave you the middle of the guidelines despite this huge history. When I sentenced you the
second time I gave you the top end of the guidelines, which was ten months.” Id. at 252. But, the
court noted, “[n]one of that has deterred you.” Id.
We fail to see how the district court could have done more to explain why it landed on an
above-Guidelines term of imprisonment. In any event, the court’s duty was not to “exhaustively
explain” why it chose one sentence over another but instead to sufficiently articulate its reasoning
so that we can know why it chose the term it did. United States v. Gale, 468 F.3d 929, 940 (6th
Cir. 2006). The court’s lengthy explanation satisfied that duty.
Tillman also briefly asserts that the district court erred by relying on “disputed allegations”
regarding the “alleged shooting incident.” Appellant Br. at 10. He asserts that “the court never
expressly found that the disputed allegations were true or never explained why the underlying
hearsay was sufficiently reliable.” Id. The district court didn’t err, however. The court focused
on Tillman’s undisputed involvement in the incident that ultimately led to the murder of an
individual. To the extent there was some dispute regarding whether Tillman said “get the gun,”
the court didn’t focus on that fact, instead focusing on the uncontested fact that the gun used in the
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No. 26-1195, United States v. Tillman
murder was taken from Tillman’s car. And the court clearly explained that it was not sentencing
Tillman for the murder itself. Tillman therefore hasn’t shown that the district court relied on
disputed allegations or clearly erroneous facts.
The district court didn’t procedurally err when imposing Tillman’s 24-month term of
imprisonment.
Substantive Reasonableness. Tillman next challenges the substantive reasonableness of
his term of imprisonment. Substantive reasonableness focuses on whether “a sentence is too long
(if a defendant appeals) or too short (if the government appeals).” Rayyan, 885 F.3d at 442. “It is
a complaint that the court placed too much weight on some of the § 3553(a) factors and too little
on others in sentencing the individual.” Id. We review for an abuse of discretion. Id.
Confounded by Tillman’s repeated and quick return to criminal conduct, the court
concluded that even the statutory maximum might not deter Tillman from future crime. The
court’s prior attempts to deter Tillman had failed. The court understood the severity of its decision
to impose a 24-month term but undertook considerable effort to explain why such a term of
imprisonment was necessary. See id. In so doing, “[t]he district court properly considered all of
the factors, balanced them, and imposed a reasonable sentence.” Id. at 443. Tillman has provided
no basis for us to “second guess[] that judgment,” id., especially given his repeated violations of
supervised release, see United States v. Glass, 794 F. App’x 434, 441–42 (6th Cir. 2018).
Tillman’s sentence was substantively reasonable.
***
We AFFIRM.
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