Denny

MEMORANDUM **

Matthew Lee Denny, Jr., a juvenile, appeals his sentence of imprisonment until his twenty-first birthday on March 6, 2004, imposed for violating the terms of his probation. Denny had previously pleaded guilty to committing an act of juvenile delinquency by commission of theft, in violation of 18 U.S.C. § 5031 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion the district court’s decision, upon re-sentencing, to depart from the sentencing range recommended by the Sentencing Guideline policy statements, United States v. Olabanji, 268 F.3d 636, 637 (9th Cir.2001), and we affirm.

When rejecting the Sentencing Guideline policy statements, a district court *399 must, prior to re-sentencing, consider the recommended sentencing range and provide sufficient reasons for rejecting it. Id. at 637-38 . The district court complied with these requirements by reciting both the recommended range and the rationale for rejecting it. See id.

Denny’s contention that the district court was required to provide notice before imposing a sentence outside the policy statement recommendation is unpersuasive because the recommendation is not a binding…