Gant
United States v. Gant
Opinion
Lead Opinion
MEMORANDUM **
Michael Gant (“Gant”) appeals his 18-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 3-9 month range provided in United States Sentencing Guideline § 7B1.4 and by considering impermissible factors in determining Gant’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 Gant did not raise the alleged sentencing errors in district court, we review for plain error. 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 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 ).