Watts

United States v. Watts

Good Law
94 F. App'x 633
United States Court of Appeals for the Ninth CircuitApril 15, 2004No. 03-50013; D.C. No. CR-99-01359-GAFCalifornia2,087 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Duke Watts appeals the district court’s order revoking his term of supervised release and sentencing him to eighteen months in prison to be followed by eighteen months supervised release. Watts argues that the district court erred in finding by a preponderance of the evidence that he committed a “Grade A” violation, as defined by the policy statement in § 7B1.1(a)(1) of the Sentencing Guidelines, and therefore improperly relied on the Grade A, rather than the Grade B, sentencing range found in § 7B1.4(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

This court reviews a district court’s revocation of supervised release for abuse of discretion. United States v. Turner, 312 F.3d 1137, 1142 (9th Cir.2002). To revoke supervised release, a district court must find a violation of its terms by a preponderance of the evidence, which the government bears the burden of establishing. 18 U.S.C. § 3583 (e)(3); Turner, 312 F.3d at 1142 .

As the parties are familiar with the facts, we do' not relate them in detail. Watts’ underlying conviction was for both making a false statement and using a false document in a passport application. He was sentenced…

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