Puskaric

MEMORANDUM **

Joseph M. Puskaric was convicted of two counts of wire fraud in violation of of 18 U.S.C. § 1343 . He was sentenced to time served and three years supervised release. The district court revoked his supervised release for violating his release by using methamphetamine and sentenced him to 24 months imprisonment, from which he appeals. The facts and prior proceedings are known to the parties; they are not restated herein except as necessary.

I

When a court revokes supervised release and sentences a defendant for violations of supervised release, 18 U.S.C. § 3553 (a)(4)(B) requires that the court consider “the applicable guidelines or policy statements issued by the Sentencing Commission.” We, however, have held that a district court, when revoking supervised release, “has discretion to go outside the suggested sentencing range of the policy statements up to the statutory maximum listed in 18 U.S.C. § 3538 (e)(3).” United States v. Musa, 220 F.3d 1096, 1101 (9th Cir.2000). When a district court goes outside the suggested range of the policy statements, 18 U.S.C. § 3553 (c)(2) applies. See id. Section 3553(c)(2) requires that the district court state “in open court”…