United States Ninth Circuit

The district court's 2013 revocation of defendant's probation and the sentence imposed upon revocation is affirmed, where: 1) the district court's 2011 imposition of the underlying probation was defective; 2) because defendant never moved to correct the 2011 sentence and the term imposed had not expired, defendant was still serving a term of probation when he violated the conditions of his probation; and 3) the district court committed no procedural error in imposing a term of supervised release in connection with the 2013 probation violation, and the imposition of supervised release was substantively reasonable.

Appellate Information

• Decided 05/06/2014
• Published 05/06/2014

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel