United States v. Jayson R. Thompson

Good Law
34 F.3d 1075·1994 WL 463658·1994 U.S. App. LEXIS 32168
United States Court of Appeals for the Ninth CircuitAugust 26, 199494-10060California244 words

Opinion

Opinion

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jayson R. THOMPSON, Defendant-Appellant. No. 94-10060. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Jayson R. Thompson appeals his sentence under the Sentencing Guidelines for violating his term of supervised release by testing positive for amphetamine/methamphetamine. Thompson contends that the district court's consideration of his failure to appear at a revocation hearing as a factor in sentencing him at the high end of the Guidelines range constituted impermissible double counting because Thompson received a consecutive sentence for a contempt of court conviction arising out of the same failure to appear. Because we lack jurisdiction to review a district court's discretionary decision to impose sentence at a particular place within…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.