Ray

I. Background

On October 4, 2002, Ray was charged with embezzling approximately $11,001.35 from Wells Fargo Bank (“Wells Fargo”). She pled guilty pursuant to a plea agreement and the district court imposed a 10-month term of imprisonment, to be followed by a three-year term of supervised release. This 10- month term of imprisonment was within the Sentencing Guidelines’ then-mandatory six-to-12-month range. Ray served her period of incarceration and began to serve her term of supervised release in March 2004.

On November 24, 2004, Ray appeared on allegations that she had violated the conditions of her supervised release, and admitted those allegations. Finding that she violated certain conditions, the district court revoked her supervised release and sentenced her to nine months of imprisonment followed by 36 months of supervised release. That decision was affirmed on appeal. See United States v. Ray, 190 F. App’x 580 (9th Cir. 2006).

After release from her first imprisonment for violating supervised release, Ray admitted additional violations of her supervised release, and the district court sentenced her to six months’ imprisonment, to be followed by 21 months of super-…