United States v. Christopher Follette

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-30148

Plaintiff-Appellee, D.C. Nos. 4:20-cr-00083-BMM-1 v. 4:20-cr-00083-BMM

CHRISTOPHER GEORGE FOLLETTE,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Argued and Submitted March 10, 2022 Seattle, Washington

Before: NGUYEN, MILLER, and BUMATAY, Circuit Judges.

Christopher George Follette appeals his 60-month sentence for sexual abuse

of a minor. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

1. Follette argues that the district court upwardly departed from the

applicable Sentencing Guidelines range without giving him notice under Federal

Rule of Criminal Procedure 32(h). However, as the transcript of the sentencing

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. hearing and the…