Gable

United States v. Gable

Good Law
192 F. App'x 633
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-30608California292 words

Opinion

Lead Opinion

MEMORANDUM **

Katherine Maria Gable appeals from the district court’s judgment revoking her probation and imposing a 12-month term of imprisonment following a finding that she violated conditions of release in a previous sentence for fraudulent use of an unauthorized access device, in violation of 18 U.S.C. § 1029 (a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Gable contends, without citation to any authority, that the probation revocation sentence constituted an unauthorized upward departure. Gable argues, in the alternative, that her revocation sentence violates United States v. Booker, 543 U.S. 220, 258 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because, although it fell within the range recommended by the Chapter 7 policy statement, she is entitled to a sentence no greater than the Guidelines range for the underlying conviction. These contentions are unavailing. See United States v. Huerta-Pimental, 445 F.3d 1220, 1221 (9th Cir.2006).

Gable also contends that the sentence was unreasonable because the district court failed to give sufficient explanation. We disagree. The statute does not require the district court to state its reasons when…

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