Elkshoulder

MEMORANDUM **

Appellant Mark Elkshoulder (“Elk-shoulder”)’s Sixth Amendment rights were not violated. While he had, a right to a hearing and to assistance' of counsel before the modification of his supervised release, he waived both. See F.R.Crim. P. 32.1(c)(2)(A). His waiver was knowing, voluntary, and intelligent, and not a result of coercion. See United States v. Stocks, 104 F.3d 308, 312 (9th Cir.1997). In fact, despite his waiver, Elkshoulder made use of an attorney both in consenting to the changed conditions of his supervised release, and in the revocation hearing. 1 Be *859 cause no timely objection was made below, our review is for plain error; there was none here. See Johnson v. United States, 520 U.S. 461, 466-67 , 117 S.Ct. 1544 , 137 L.Ed.2d 718 (1997).

Elkshoulder’s claim that the court erred by applying higher statutory sentencing options rather than applying the Chapter 7 Guidelines also fails. In United States v. Garcia, 323 F.3d 1161, 1164-65 (9th Cir.2003), we reaffirmed that the sentencing guidelines are not binding, and that as long as a district court considers the policy statements of Chapter 7, it is free to reject them. Here, the district court…