McCall

MEMORANDUM **

Federal prisoner Brian Jeffery McCall appeals his 30-month sentence imposed following revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3582 , and we affirm in part and vacate and remand.

McCall contends that the district court erred by imposing a 30-month sentence following revocation of his supervised release where United States Sentencing Guidelines § 7B1.4 advises 6-12 months. A review of the record demonstrates that the district court considered the Chapter 7 policy statements, rejected the suggested sentencing range for specific reasons, and sentenced McCall within the statutory maximum. Accordingly, the district court did not abuse its discretion in imposing a 30-month sentence. See 18 U.S.C. 3583(e)(3); United States v. Tadeo, 222 F.3d 623, 625-26 (9th Cir.2000).

McCall next contends that the district court erred by imposing, pursuant to 18 U.S.C. § 3583 (h), a term of supervised release following his re-imprisonment. Specifically, McCall argues that because his underlying offense predated the enactment of § 3583(h), the imposition of an additional term of supervised release was an ex post facto violation.…