Button

United States v. Button

Good Law
166 F. App'x 938
United States Court of Appeals for the Ninth CircuitJanuary 27, 2006No. 05-30230California321 words

Opinion

Lead Opinion

MEMORANDUM ***

Gary L. Button (Button) appeals the revocation of his supervised release and imposition of a twelve-month sentence. Button argues that the district court erred by imposing imprisonment for his release-condition violation and that the resulting sentence was unreasonable. We affirm the district court’s revocation decision and sentence.

“We review a district court’s application of the supervised release statute de novo.” United States v. Ortuño-Higareda, 421 F.3d 917, 922 (9th Cir.2005) (citation omitted). Button’s admission of possession of a controlled substance in violation of a release condition authorized mandatory revocation under 18 U.S.C. § 3583 (g). In accordance with Application Note No. 6 to U.S.S.G. § 7B1.4 (2004), the district court considered the continuation of supervised release with additional drug treatment rather than the imposition of imprisonment. Ultimately, however, the court imposed a twelve-month sentence based upon Button’s prior difficulties in complying with supervised release condi *940 tions. Since the policy statements in Chapter 7 of the Guidelines are not binding, United States v. George, 184 F.3d 1119, 1121-22 (9th Cir.1999), the…

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