United States v. Christopher Lopez

47 F.3d 1176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Christopher LOPEZ, Defendant-Appellant. No. 94-50231. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1995. Decided Feb. 6, 1995. 1 Before: CANBY and NOONAN, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 Christopher Lopez appeals the 18 month jail sentence he was given following revocation of probation. We uphold his sentence. 4 Under 18 U.S.C. Sec. 3565 (a)(2), the statute that governs revocation of probation, a district court is to impose a sentence "available ... at the time of original sentencing" when an individual violates the terms of his or her probation. This court has held that the sentence "available ... at the time of the original sentencing" includes the sentence allowed before a district court grants a downward departure under the Sentencing Guidelines. United States v. Forrester, 19 F.3d 482, 484 (9th…