Nguyen

United States v. Nguyen

Good Law
83 F. App'x 239
United States Court of Appeals for the Ninth CircuitDecember 16, 2003No. 03-50215; D.C. No. CR-02-00055-R-01California308 words

Opinion

Lead Opinion

MEMORANDUM **

Thomas Nguyen appeals his 24-month prison sentence imposed following the revocation of his probation. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

Nguyen contends that the district court erred by failing to comply with the requirements of 18 U.S.C. § 3553 as mandated by 18 U.S.C. § 3565 (a). ‘We review de novo the district court’s application of the Sentencing Guidelines. We review for abuse of discretion the district court’s consideration of non-binding policy statements.” United States v. George, 184 F.3d 1119,1120 (9th Cir.1999) (internal citations omitted).

After reviewing the entire record, we conclude that the district court appropriately considered the factors enumerated in § 3553(a). See United States v. Lockard, 910 F.2d 542, 544 (9th Cir.1990) (deciding that the district court does not need to address each factor individually if the record as a whole demonstrates that the court did consider the factors). In addition, because the record demonstrates that the district court was aware of the Chapter 7 policy range, and that it considered and rejected the higher sentencing range applicable to the underlying offense,…

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