O'Connor

United States v. O'Connor

Good Law
36 F. App'x 585
United States Court of Appeals for the Ninth CircuitMay 29, 2002No. 01-50603; D.C. No. CR-97-01906-JNKCalifornia400 words

Opinion

Lead Opinion

MEMORANDUM **

Michael L. O’Connor appeals the 7-month sentence imposed following the revocation of his supervised release, subsequent to his underlying sentence of 12-months imposed following a conviction for transporting illegal aliens in violation of 8 U.S.C. § 1324 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

O’Connor contends that 1) the district court faded to consider each of the applicable factors prior to imposing sentence; 2) the district court failed to state its reasons for imposing the sentence, in violation of 18 U.S.C. § 3553 (c); and 3) the district court violated the Federal Rules of Evidence by acting as a witness during the revocation hearing. O’Connor failed to raise these objections in the district court; therefore, we review for plain error. See United States v. Vences, 169 F.3d 611, 613 (9th Cir.1999).

O’Connor’s first contention fails because a review of the record demonstrates the district court did consider the applicable factors as laid out in 18 U.S.C. §§ 3583 (e) and 3553(a). See United States v. Lock-ard, 910 F.2d 542, 544 (9th Cir.1990) (as amended) (enumerating factors such as nature and circumstances of the violation, the…

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