United States v. Patrick Rope

MEMORANDUM

Patrick Rope appeals the 24-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Rope argues that the district court procedurally erred by failing to calculate the Guidélines range and to explain why it was imposing an above-Guidelines sentence. We review for plain error. See United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir.2009). The district court erred when it failed to calculate the Guidelines range. See id. at 1105 . The record reflects, however, that the court was aware of the Guidelines range and its explanation for the sentence was adequate. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc.) Thus, Rope has failed to show a reasonable probability that he would have received a different sentence absent the error. See United States v. Tapia, 665 F.3d 1059, 1061 (9th Cir.2011). Moreover, the record does not support Rope’s contention that the district court imposed the sentence to punish Rope’s violation conduct or previous criminal acts.

Rope also contends that the sentence is substantively unreasonable. The distinct court did not abuse its discretion. See Gall v.…