United States v. Gordon Kenneth Buys

53 F.3d 340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gordon Kenneth BUYS, Defendant-Appellant. No. 94-10446. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gordon Kenneth Buys appeals the 30-month sentence imposed upon revocation of his term of probation. Buys contends the district court erred, first by failing to consider the probation revocation policy statements in U.S.S.G. Sec. 7B1.4 before imposing sentence, and second, by departing from the Guidelines without providing notice and reason. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Buys contends the district court failed to consider the probation revocation policy statements before imposing sentence. Originally, Buys pleaded guilty to being a felon in possession of firearms. A 30-37 months Guidelines range was…