Thompson

United States v. Thompson

Good Law
54 F. App'x 657
United States Court of Appeals for the Ninth CircuitJanuary 16, 2003No. 01-30237; D.C. No. CR-92-0005-LCalifornia251 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Lee Thompson appeals the 24-month sentence imposed following the revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Thompson contends that the district court erred by sentencing him to the statutory maximum sentence of 24 months, and that the advisory sentencing ranges contained in United States Sentencing Guidelines § 7B1.4(a) are mandatory. We reject this contention because these policy statements are advisory and not binding on the district court, see United States v. George, 184 F.3d 1119, 1122 (9th Cir.1999), and we decline to reconsider this holding. See United States v. Gay, 967 F.2d 322, 327 (9th Cir.1992) (stating that one three-judge panel of this court cannot overrule the decision of another, absent intervening Supreme Court authority calling earlier decision into question).

Thompson also contends that the district court abused its discretion by imposing the statutory maximum sentence despite the policy statements. Because Thompson raised this contention for the first time in his reply brief, we refuse to consider it. See United States v. Bentson, 947 F.2d 1353,1356 (9th…

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