United States Ninth Circuit

Defendant's sentence following the revocation of his supervised release for physically abusing his girlfriend is reversed where a defendant's uncharged conduct, which would be chargeable under California law as a wobbler offense - an offense that may be charged as either a misdemeanor or a felony - was not presumptively a felony, punishable by more than one year in prison, for the purposes of calculating whether the defendant committed a Grade A, B, or C violation of his supervised release.

Appellate Information

• Decided 03/24/2010
• Published 03/24/2010

Judges

Court

• United States Ninth Circuit

Counsel