United States v. Albert W. Butterworth, III

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Albert W. BUTTERWORTH, III, Defendant-Appellant. No. 92-50620. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 13, 1993. Before: BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Albert Butterworth appeals from the district court's revocation of his supervised release, following his conviction by guilty plea for being an unlawful user of a controlled substance in possession of a firearm in violation of 18 U.S.C. § 922 (g)(3). Butterworth contends that the district court violated the requirements of 18 U.S.C. § 3553 (a) by revoking his supervised release before he could admit himself into a drug treatment program. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 The court may, after considering the factors set forth in [18 U.S.C.] section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4),…