Rightsell
United States v. Rightsell
Opinion
Lead Opinion
*361 MEMORANDUM **
Andrea Rightsell pleaded guilty to blocking a Forest Service road in violation of 36 C.F.R. § 261.12 (d) and was sentenced to serve two months in prison followed by two years probation. On appeal, she challenges her sentence as disparate. She also contends that she had a constitutional right to review the probation officer’s confidential sentencing recommendation and that the court erred by imposing a “no weapons” condition of probation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. •
DISCUSSION
1. Disparate Sentence
Rightsell complains that her sentence exceeded those imposed on others who engaged in similar protest activities. The imposition of a disparate sentence is not an abuse of discretion, however, unless there is evidence that the defendant is being punished for an impermissible reason. See United States v. Bischel, 61 F.3d 1429, 1437 (9th Cir.1995). Here, the district court adequately justified its disparate sentence, noting the dangers that Rightsell created to herself and to others and her refusal to comply with conditions of probation. See United States v. Mack, 200 F.3d 653, 658 (9th Cir.2000). We do not agree with…