Spangle

United States v. Spangle

Good Law
626 F.3d 488·2010 WL 4673641·2010 U.S. App. LEXIS 23798
United States Court of Appeals for the Ninth CircuitNovember 19, 201009-50508California3,907 words

Opinion

Opinion

Tallman, J.

Defendant-Appellant Kenneth Lyle Spangle appeals from the twenty-four-month term of imprisonment imposed upon the revocation of his supervised release. Spangle contends that he was, denied his Sixth Amendment right to represent himself, that the district court judge should have recused himself, and that the sentence imposed was procedurally and substantively unreasonable. Because all of Spangle’s contentions are without merit, we affirm the judgment and sentence.

I

This appeal has its genesis in Spangle’s 1996 guilty plea to a charge of bank robbery. In April 1997, Spangle was sentenced to fifty-seven months imprisonment, followed by three years of supervised release. Upon his first release from federal prison on March 23, 2001, Spangle never reported to his probation officer. A bench warrant was issued, and he was arrested in early June 2001. The district court conducted three evidentiary hearings to determine whether to revoke Spangle’s supervised release, and Spangle’s probation officer participated in all three hearings. The district court eventually did revoke his supervised release and sentenced him to an additional twenty-four months in prison.

After Spangle was…

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