United States v. Olumuyiwa Ola Olabanji
Opinion
Opinion
Nelson, J.
Olumuyiwa O. Olabanji appeals the sentence imposed upon the revocation of his probation. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we reverse.
I. FACTS AND PROCEDURAL HISTORY
On September 9, 1998, Olabanji pleaded guilty to one count of forging an endorsement on a treasury check, a Class C felony under 18 U.S.C. § 510 (a)(1). The applicable sentencing range was zero to six months’ imprisonment. The district court sentenced him to no time in prison but to three years’ probation.
On February 7, 2000, the United States Probation Office obtained a bench warrant for Olabanji based on numerous alleged probation violations. On April 10, 2000, Olabanji admitted to seven Grade C probation violations and waived his right to a hearing. The applicable policy statements recommended a sentence of three to nine months’ imprisonment. The district court upwardly departed from the recommended range, stating that Olabanji had “failed miserably” to live up to the conditions of his probation and had “flat out lied” to his probation officer. Olabanji appeals the district court’s sentence…