Coleman

United States v. Coleman

Good Law
224 F. App'x 642
United States Court of Appeals for the Ninth CircuitMarch 12, 2007No. 06-50305California579 words

Opinion

Lead Opinion

MEMORANDUM *

The district court found that Defendant Dennis Dean Coleman had violated the terms of his supervised release by unlawfully possessing a firearm. Defendant timely appeals both that finding and the resulting sentence of three years in custody, to be followed by two years of supervised release.

1. The finding that Defendant violated the terms of his supervised release is not clearly erroneous. See United States v. Baclaan, 948 F.2d 628, 630 (9th Cir.1991) (per curiam) (holding that we review for clear error a district court’s findings of fact in connection with a decision to revoke a term of supervised release). There was evidence from which the court reasonably could find that Defendant was the only person who slept in the south bedroom, that the firearm was found under the mattress in his bed, and that only he and his grandmother occupied the apartment. Under California Penal Code section 12021(a), possession of a firearm may be proved circumstantially. People v. Neese, 272 Cal.App.2d 235 , 77 CalRptr. 314, 322 (1969).

2. In reviewing the sentence imposed, we may consider only the reasons that the district court gave contemporaneously, not those provided later in a…

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