Wise

United States v. Wise

Good Law
166 F. App'x 986
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 05-30413California278 words

Opinion

Lead Opinion

MEMORANDUM **

Rose Marie Wise appeals from the district court’s revocation of her supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*987 Wise contends that the district court abused its discretion in revoking her supervised release because there was insufficient evidence to support the conclusion that she failed to support her dependents and to meet her family responsibilities. We disagree. In proceedings to revoke supervised release, the government must prove the alleged violations by a preponderance of the evidence. See 18 U.S.C. § 3583 (e)(3); United States v. Lockard, 910 F.2d 542, 543 (9th Cir.1990). The evidence presented at the hearing was sufficient to support the district court’s findings that she had violated the conditions of supervised release, and the district court did not inappropriately consider events prior to the conviction of the underlying offense. See Lockard, 910 F.2d at 546 .

Wise next contends that the district court’s decision to sentence her in excess of the sentence recommended by the United States Sentencing Guidelines was unreasonable. A district court’s decision to deviate from the non-binding policy statements…

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