United States v. Billy Ray Woodyard, Jr.

977 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray WOODYARD, Jr., Defendant-Appellant. No. 91-10595. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 1, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Woodyard appeals his sentence imposed after revocation of his term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Woodyard was convicted and sentenced to five years' probation on May 21, 1987, following a guilty plea, for violations of 21 U.S.C. § 841 (a)(1) and (b)(1)(C), possession with intent to distribute marijuana. As in effect at the time of Woodyard's conviction, section 841(b)(1)(C) provided a statutory maximum sentence of 20 years. Seventeen months later, Woodyard's probation was revoked and he was sentenced to 24 months' imprisonment followed by 36 months' supervised…