United States v. David Robert White

David Robert White appeals from an order of the district court revoking his probation and sentencing him to a three-year term of incarceration. We vacate White’s sentence and remand his case to the district court for resentencing.

BACKGROUND

On June 7, 1988, appellant David White pleaded guilty to conspiracy to convert government property in violation of 18 U.S.C. §§ 641 , 371 (1988). The presentence report calculated a zero to six month sentencing range, and it recommended probation. The district court adopted the report’s recommendation and, on September 26, 1988, sentenced White to three years’ probation. On March 30, 1989, the probation department recommended that the district court revoke White’s probation because he was convicted during probation of misdemeanor possession of a concealed firearm in violation of Cal.Penal Code § 12031(a). In response, on July 5, 1989, the court held a hearing and concluded that White had violated the terms and conditions of his probation.

On July 31, 1989, the district court revoked White’s probation. A second presen-tence report was prepared which recommended a three-year prison sentence for White, based largely on his behavior during…