Bassell

United States v. Bassell

Good Law
320 F. App'x 557
United States Court of Appeals for the Ninth CircuitMarch 24, 2009Nos. 08-30133, 08-30140California254 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, George Bassell, IV appeals from the two consecutive 12-month sentences of supervised release imposed following revocation of supervised release in Case Nos. 08-30133 and 08-30140. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.

Bassell contends that the district court abused its discretion by imposing drug testing and substance abuse treatment as conditions of supervised release. We disagree, in light of Bassell’s prior use of methamphetamine. See United States v. Carter, 159 F.3d 397, 399-401 (9th Cir.1998); cf. United States v. Napier, 463 F.3d 1040, 1044 (9th Cir.2006).

Bassell also contends that the district court orally imposed a six-month term of supervised release in both cases which was clearly inconsistent with the subsequent written judgments, such that the oral sentence controls. However, the record reflects that the district court imposed a 24-month term of supervised release at the close of the sentencing hearing, which was not inconsistent with the subsequent judgments.

Bassell further contends, and the government concedes, that the district court erred by imposing consecutive terms of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.