White

United States v. White

Good Law
74 F. App'x 823
United States Court of Appeals for the Ninth CircuitSeptember 15, 2003No. 02-10611; D.C. No. CR-00-00295-GEBCalifornia303 words

Opinion

Lead Opinion

MEMORANDUM **

Lafell Lavert White appeals the district court’s revocation of supervised release and imposition of a seven-month sentence, following violations of special conditions set forth in his original sentence for possession of a firearm during the commission of a drug-trafficking crime under 18 U.S.C. § 924 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

White contends the district court abused its discretion in revoking supervised release for first-time grade C violations. This claim fails because under the plain language of the statute and the relevant sentencing guidelines, the court possessed authority to revoke on that basis. See 18 U.S.C. § 3583 (e)(3) (allowing the district court to revoke a term of supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute if it finds that the defendant violated a condition of supervised release); U.S.S.G. § 7B1.3 (Policy Statement) (stating that the court may revoke probation or supervised release upon finding a Grade C violation). Furthermore, the district court did not., clearly err in finding credible the probation officer’s testimony…

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