United States v. Dennis Lee Brezo, Jr.

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis Lee BREZO, Jr., Defendant-Appellant. No. 94-30408. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Lee Brezo, Jr. appeals his sentence of 24 months imposed upon revocation of his supervised release. Brezo was originally sentenced to 18 months of incarceration followed by 3 years of supervised release after pleading guilty to possession with intent to distribute cocaine, a Class C felony. Brezo contends that the district court erred by sentencing him to the maximum sentence authorized by statute rather than the range of 3 to 9 months recommended by U.S.S.G. Sec. 7B1.4(a). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The legality of a sentence is reviewed de novo. United States v. DeSalvo, 41 F.3d 505, 511 (9th…