United States v. Richard Todd Swindell

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Todd SWINDELL, Defendant-Appellant. No. 94-10404. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 8, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Richard Todd Swindell appeals the eighteen-month sentence of imprisonment the district court imposed after it revoked his supervised release. Swindell claims the district court did not give adequate reasons for departing from the sentencing range dictated by the Guidelines. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 "We review findings of fact underlying a sentencing determination for clear error." United States v. Baclaan, 948 F.2d 628, 630 (9th Cir. 1991) (per curiam). To provide the courts with "greater flexibility," the Sentencing Commission promulgated advisory policy statements, rather than binding guidelines, for…