Moemberg

United States v. Moemberg

Good Law
102 F. App'x 625
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-30412; D.C. No. CR-00-00123-1-BLWCalifornia773 words

Opinion

Lead Opinion

MEMORANDUM **

Roderick Rodney Moemberg appeals the district court’s sentence of twelve months for violations of conditions of release. The district court directed that this sentence be served consecutively to a state sentence imposed for the same criminal conduct which constituted a violation of the conditions of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court’s application of the Sentencing Guidelines is reviewed de novo. United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir.2003). We review the district court’s application of the Sentencing Guidelines to the facts of the case for an abuse of discretion. United States v. Technic Servs., Inc., 314 F.3d 1031, 1038 (9th Cir.2002).

Moemberg argues that the district court should have considered on the record Sentencing Guidelines § 5G1.3(b) 1 and/or (c). 2 Application Note 6 to § 5G1.3 instructs that a defendant who was on supervised release at the time of the offense for which he is being sentenced and has had his supervised release revoked, the sentence for the instant offense should be imposed to run consecutively to the sentence imposed for the violation of super *627 vised…

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