United States Ninth Circuit

Defendant's sentence for violating the terms of his supervised release is affirmed where: 1) in determining the class of felony for purposes of 18 U.S.C. section 3559(a), the court looked to the statutory maximum, not the guidelines maximum; and 2) the maximum sentence authorized by the statute of conviction is the upper limit on a district judge's discretion.

Appellate Information

• Decided 07/14/2010
• Published 07/14/2010

Judges

• Alex Kozinski

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ethan A. Balogh, Joseph P. Russoniello