United States v. Richard Arnold Linares

ORDER

The memorandum disposition filed September 12, 1990 is redesignated as an authored opinion by District Judge Ezra.

OPINION

Richard Arnold Linares appeals his sentence of one year supervised release and six months incarceration for a 21 U.S.C. § 844 (a) misdemeanor offense of possession of a controlled substance. Linares asks the court to reverse his sentence and remand his case to the district court with instructions to vacate the one year term of supervised release and impose no more than a six month term of supervised release. Appellant argues that the imposition of a one year term of supervised release in addition to a six month custody sentence exceeds the one year maximum sentence permissible for a 21 U.S.C. § 844 (a) offense. The appellant also contends that the district court erred in imposing a sentence that subjects him to the possibility of imprisonment for more than one year because the defendant had not been indicted for the offense, but had entered a guilty plea to an information charging him with the offense. For the reasons set forth below, we affirm the district court.

BACKGROUND

On December 2, 1987, the Federal Grand Jury for the Southern District of…