Haugen

United States v. Haugen

Good Law
16 F. App'x 797
United States Court of Appeals for the Ninth CircuitAugust 16, 2001No. 00-30393; D.C. No. CR-97-00359-MJPCalifornia892 words

Opinion

Lead Opinion

MEMORANDUM **

Justin Thomas Haugen appeals his 18-month sentence imposed after his probation was revoked for numerous violations, including new criminal offenses. Haugen originally pled guilty to possession of counterfeit U.S. currency in violation of 18 U.S.C. § 472 , and received an initial sentence of five years of probation. Haugen contends that the district court erred by upwardly “departing” to a post-revocation sentence of 18 months because (1) there is no “aggravating conduct” that made his forgery different from average forgery conduct; and (2) his sentence impermissibly punishes his- new criminal conduct, rather than the breach of trust involved in the probation violations. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

*799 “Alleged sentencing errors are reviewed for plain error where the defendant has failed to object before the district court and therefore forfeited his right to appeal.” United States v. Randall, 162 F.3d 557, 561 (9th Cir.1998). We will not exercise our discretion to correct the forfeited error unless it “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 732…

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