Carter

United States v. Carter

Good Law
139 F. App'x 890
United States Court of Appeals for the Ninth CircuitJuly 20, 2005No. 05-50046California282 words

Opinion

Lead Opinion

MEMORANDUM **

Huey Jacque Carter appeals the district court’s eleven-month sentence imposed after revoking his supervised release for violating the conditions of the supervised release order. Carter contends that at the time the district court imposed its sentence, a dispute existed regarding his Criminal History Category that the district court was required to resolve under Fed.R.Crim.P. 32(i)(3)(B). Consequently, *891 he claims, his sentence should be vacated and the matter remanded. As the facts are familiar to the parties, we do not repeat them here. We affirm the district court’s ruling.

We have previously found Fed. R.Crim.P. 32(i)(3)(B) violations when a district court has failed to make findings when faced with disputes affecting sentencing, including disputes concerning the presentence report. See, e.g., United States v. Thomas, 355 F.3d 1191 (9th Cir. 2004); United States v. Carter, 219 F.3d 863, 866 (9th Cir.2000); United States v. Houston, 217 F.3d 1204, 1207 (9th Cir. 2000).

In this case, none of the essential facts was controverted. Carter contends that there was a controverted matter regarding his Criminal History Category. To avoid controversy, the government…

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