Larimore

United States v. Larimore

Good Law
22 F. App'x 882
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-10056; D.C. No. CR-93-00129-PMPCalifornia405 words

Opinion

Lead Opinion

MEMORANDUM **

Chester Drew Larimore appeals his 24 month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Larimore contends that his sentence must be vacated and this matter remanded to the district court for resentencing because the district court: (1) failed to consider the applicable guidelines or policy statements set forth in Chapter Seven of the Sentencing Guidelines; and (2) failed to state, in open court, its specific reasons for upwardly departing from the sentence recommended by the policy statements concerning revocation of supervised release. See 18 U.S.C. §§ 3553 (a) and 3553(c)(2), respectively. We review for an abuse of discretion, United States v. Tadeo, 222 F.3d 623, 625 (9th Cir.2000), and conclude that this contention lacks merit.

The record shows that the district court acknowledged the maximum term of imprisonment under the guidelines was 14 months and that sentencing Larimore to 24 months would be an upward departure from the guidelines recommendation. Furthermore, the district court stated that it was imposing the 24 month sentence in accordance with…

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