United States v. Jeffrey Scott Jolibois

The district court revoked Jeffrey Scott Jolibois’s (“Jolibois”) supervised release and sentenced him to eighteen months imprisonment for possession of methamphetamine and other transgressions. Jolibois contends that the district court mischarae-terized his drug possession as a Grade B supervised release violation' instead of a Grade C violation. We have jurisdiction over Jolibois’s appeal pursuant to 28 U.S.C. § 1291 . Jolibois’s drug possession was simultaneously a Grade B violation under Washington law and a Grade C violation under federal law. Where illegal conduct constitutes more than one offense, the United States Sentencing Guidelines (“Guidelines”) punish that conduct with the most serious penalty available. We, therefore, affirm the district court’s Grade B characterization of Jolibois’s drug posses sion as well as the resulting eighteen-month sentence.

BACKGROUND

. Jolibois pleaded guilty to various violations of the Lacey Act, 16 U.S.C. §§ 3371-78 , including taking geoduck clams from Puget Sound. He was sentenced to thirty-two months in prison and three years of supervised release. In addition to the standard conditions of supervised release, the district…