United States v. James Lamont White

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Lamont WHITE, Defendant-Appellant. No. 96-30055. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1996. Decided Nov. 6, 1996. Before: WRIGHT, SCHROEDER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 James Lamont White violated the terms of his supervised release by testing positive for marijuana and failing to report for further testing. After a hearing, the district court revoked White's supervised release and sentenced him to 24 months' confinement. White appeals his sentence as being in excess of that permitted by the Sentencing Guidelines, and also alleges his right to due process of law was violated by the sentencing judge's refusal to hear proffered mitigation testimony from members of White's family. 1 The Sentencing Guidelines 3 A district court's interpretation and application of the Sentencing Guidelines are reviewed de…