Brown

United States v. Brown

Good Law
208 F. App'x 563
United States Court of Appeals for the Ninth CircuitNovember 29, 2006No. 06-30102California442 words

Opinion

Lead Opinion

MEMORANDUM *

Norman Lee Brown challenges the district court’s imposition of five years of supervised release following his violation of the conditions of an earlier release. Brown argues that the district court failed to consider certain sentencing factors set forth in 18 U.S.C. §§ 3553 (a) & 3583(e), and that the five-year term was unreasonable.

‘Whether the district court provided an adequate statement of reasons for the sentence it imposed is a question of law that we review de novo.” United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir.2006). “A district court is not required to refer to each factor listed in § 3553(a).” United States v. Mix, 457 F.3d 906, 912 (9th Cir. 2006) (citing United States v. Simpson, 430 F.3d 1177, 1186 (D.C.Cir.2005)). “When a defendant has not asserted the import of a particular § 3553(a) factor, nothing in the statute requires the court to explain sua sponte why it did not find that factor relevant to its discretionary decision.” Simpson, 430 F.3d at 1187 . The sentence ultimately imposed is reviewed for reasonableness in light of the sentencing factors. Miqbel, 444 F.3d at 1176 & n. 5.

The only factor Brown raised at his revocation hearing was…

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.