Dephillipis

United States v. Dephillipis

Good Law
9 F. App'x 649
United States Court of Appeals for the Ninth CircuitMay 16, 2001No. 00-50476California463 words

Opinion

Lead Opinion

MEMORANDUM *

Allen DePhillipis appeals his 19-month sentence for violating the terms of his supervised release. We have jurisdiction under 18 U.S.C. § 3742 (a)(1) and 28 U.S.C. § 1291 , and affirm.

DePhillipis contends that the district court lacked authority to depart from the sentencing range of 8-14 months for a Class C felony provided in U.S.S.G. § 7B 1.4(a), and failed to consider both the sentencing ranges set forth in § 7B1.4(a) and the nature and circumstances of the offense as directed by 18 U.S.C. § 3583 (e)(3). However, § 7B1.4(a) is not a sentencing guideline, but a policy statement that is not binding. United States v. Tadeo, 222 F.3d 623, 625 (9th Cir.2000); see also United States v. George, 184 F.3d 1119, 1122 (9th Cir.1999). Here, the court explicitly acknowledged the range suggested by § 7B1.4(a); having done so, it did not abuse its discretion by rejecting it and imposing a sentence below the statutory maximum. Tadeo, 222 F.3d at 625 . The court also fulfilled its obligation under § 3583(a) by taking into account DePhillipis’s drug abuse and related crimes, opportunities to reform, his prior sentence and his conduct on supervised release.

DePhillipis further…

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