Frost

United States v. Frost

Good Law
185 F. App'x 575
United States Court of Appeals for the Ninth CircuitJune 12, 2006No. 05-30440California896 words

Opinion

Lead Opinion

MEMORANDUM **

George Lavell Frost appeals the district court’s revocation of his supervised release and resulting sentence of 18 months in prison to be followed by 18 months of supervised release. 1 Frost asserts prosecutorial misconduct, challenges two of the seven violations found by the district court, claims that the district court revoked his supervised release without properly considering the applicable statutory sentencing factors, and assigns error to the district court’s imposition of a condition that restricts Frost’s consumption of alcohol during supervised release. Finding no merit in Frost’s various contentions, we affirm.

1. As Frost did not object to the alleged prosecutorial misconduct in the proceedings below, we review his claim for plain error. United States v. Cabrera, 201 F.3d 1243, 1246 (9th Cir.2000). The government did not deprive Frost of a fair hearing on his alleged violations of supervised release when the prosecutor advised him prior to the hearing that he was being investigated for criminal conduct allegedly committed while on supervised release. To the contrary, the prosecutor’s disclosure allowed Frost and his counsel to consider the best…

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