Anderson

United States v. Anderson

Good Law
302 F. App'x 723
United States Court of Appeals for the Ninth CircuitDecember 8, 2008No. 07-50474California530 words

Opinion

lead Opinion

MEMORANDUM ***

Charles Anderson appeals his 24-month prison sentence for violating the terms and conditions of his supervised release, to run consecutive to the sentence imposed for the conviction underlying the supervised release violation. We conclude that the district court did not commit procedural error in imposing its sentence on Anderson.

“We review sentences, including those imposed upon revocation of supervised release, for reasonableness.” United States v. Simtob, 485 F.3d 1058, 1061 (9th Cir.2007). When a defendant does not raise a particular objection to his sentence before the district court, we apply plain error review. United States v. Waknine, 543 F.3d 546, 551 (9th Cir.2008).

We reject Anderson’s claim that the district court improperly relied on factors under 18 U.S.C. § 3553 (a)(2)(A) to justify its sentence. The district court may consider the seriousness of the offense underlying the revocation of supervised release “as part of the criminal history of the violator,” provided that such a consideration is not “a focal point of the inquiry.” Simtob, 485 F.3d at 1062 . Here, the district court focused, if anything, on the apparent failure of rehabilitation thus…

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