United States v. Frederick Rizzolo

MEMORANDUM

Frederick Rizzolo appeals the final judgment in his criminal case for violation of the terms and conditions of his probation. The court revoked his supervised release and imposed a sentence of nine months’ incarceration followed by twenty-four months of supervised release. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We affirm.

1. The district court’s decision to allow a statement from the Henrys’ lawyer on their behalf was not an abuse of discretion, even though the Henrys did not qualify as a statutorily-recognized “victim” under 18 U.S.C. § 3771 (the Crime Victims’ Rights Act, “CVRA”).

At sentencing, the district court has a wide range of discretion in admitting whatever evidence it deems relevant. See Nichols v. United States, 511 U.S. 738, 747 , 114 S.Ct. 1921 , 128 L.Ed.2d 745 (1994). Indeed, “under the Guidelines, a sentencing judge ‘may consider, without limitation, any information concerning the background, character and conduct of the defendant, unless otherwise prohibited by law.’ ” United States v. Jones, 114 F.3d 896, 898 (9th Cir.1997) (emphasis added) (quoting U.S.S.G. § 1B1.4).

None of the authorities relied upon by Rizzolo…