Bearcub

United States v. Bearcub

Good Law
201 F. App'x 450
United States Court of Appeals for the Ninth CircuitSeptember 13, 2006No. 06-30062California279 words

Opinion

Lead Opinion

MEMORANDUM **

Jittawee Curly Bearcub (“Bearcub”) appeals the district court’s imposition of a life term of supervised release following his *451 conviction for abusive sexual contact in violation of 18 U.S.C. § 2244 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Consistent with United States v. Booker, 543 U.S. 220, 261 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the district court explicitly considered the factors listed in 18 U.S.C. § 3553 (a) when it sentenced Bear-cub. Furthermore, 18 U.S.C. § 3553 (a)(5) states that a district court shall consider any pertinent policy statement during sentencing. United States Sentencing Guideline § 5.D1.2(b)(2) includes a policy statement explaining that “[i]f the instant offense of conviction is a sex offense ... the statutory maximum term of supervised release is recommended.” The statutory maximum term of supervised release for violating 18 U.S.C. § 2244 (a)(1) is life. See 18 U.S.C. § 3583 (k). Therefore, in imposing a life term of supervised release for Bearcub’s sexual offense involving a minor, the district court merely followed the pertinent policy statement and statutory maximum. Bearcub’s offense and…

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