Issa
United States v. Issa
Opinion
Lead Opinion
MEMORANDUM **
Suhail Issa (“Issa”) appeals his 24-month prison sentence imposed following the revocation of his supervised release, alleging that the district court erred by failing to state its reasons, pursuant to 18 U.S.C. § 3553 (c)(2), for departing from the 4-10 month range provided in United States Sentencing Guideline § 7B1.4 and by considering impermissible factors in determining Issa’s sentence, in violation of 18 U.S.C. § 3583 (e). We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 and affirm.
Because Issa did not raise the alleged sentencing errors in district court, we review for plain error. 1 United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc). “Plain error is ‘(1) error, (2) that is plain, and (3) that affects substantial rights.’ ” Id. (quoting United States v. Cotton, 535 U.S. 625, 631 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002)). If the first three prongs of the plain error test are met, “an appellate court may exercise its discretion to notice a forfeited error *587 that (4) ‘seriously affects the fairness, integrity, or public reputation of judicial proceedings.’ ” Id. (quoting Cotton, 535 U.S. at 631 , 122 S.Ct. 1781…