United States Ninth Circuit

U.S.S.G. Chapter 7 ranges are advisory, not binding on a sentencing judge, and the court is not required to provide notice before departing upward from a Chapter 7 recommended sentencing range. District court's comments show proper consideration of Chapter 7 policy statements.

Appellate Information

• Argued 02/12/2003
• Decided 03/25/2003
• Published 03/25/2003

Judges

• Before B. FLETCHER and HAWKINS, Circuit Judges, and BURY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Norma A. Aguilar, Federal Defenders of San Diego, San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Kristine L. Wilkes (on the brief), Assistant United States Attorney, Steven E. Stone (argued), Assistant United States Attorney, U.S. Atty's. office, San Diego, CA, for the plaintiff-appellee.