Longknife

United States v. Longknife

Good Law
258 F. App'x 966
United States Court of Appeals for the Ninth CircuitDecember 11, 2007No. 07-30029California296 words

Opinion

Lead Opinion

MEMORANDUM ***

Longknife appeals his sentence for violation of his supervised release. Longknife does not deny the violation; rather, he argues the district court unreasonably applied the factors that it was required to consider under 18 U.S.C. § 3583 (e). In particular, Longknife argues that the court unreasonably departed from the advisory policy statements contained in Chapter 7 of the Federal Sentencing Guidelines and that the court improperly punished him for the criminal conduct underlying his original conviction.

*967 Section 3583(e) requires that a court sentencing a defendant for violation of supervised release consider a particular subset of the factors set forth in § 3553(a). “We review sentences, including those imposed upon revocation of supervised release, for reasonableness.” United States v. Simtob, 485 F.3d 1058, 1061 (9th Cir.2007). Nevertheless, we review “the district court’s consideration of nonbinding policy statements, such as Chapter 7, for abuse of discretion.” United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir.2006). “A district court abuses its discretion if it fails to consider these policy statements.” United States v. Tadeo, 222 F.3d 623, 625…

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