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No. 8625974
United States Court of Appeals for the Ninth Circuit
United States v. Bounsall
No. 8625974 · Decided November 14, 2006
No. 8625974·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 14, 2006
Citation
No. 8625974
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Davy Jay Bounsall appeals from the 22-month term of imprisonment imposed following the district court’s revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Bounsall contends that his due process and statutory rights were violated by the lack of notice that the district court had modified the terms of his supervised release. He contends that, to the extent he lacked adequate notice of his supervised release conditions, his resulting sentence was unreasonable. Bounsall’s contentions are belied by the record. The record reflects that, on August 30, 2004, Bounsall signed a written waiver agreeing to the modification of the contested supervised release condition. Bounsall’s probation officer also testified at the probation hearing that, at that time, he informed Bounsall that Bounsall was from then on prohibited from possessing pornography and could be subject to sanctions for violating this condition. Finally, *719 the record contains an order by the district court approving the proposed modifications of supervised release that is stamped by the Clerk of the District of Nevada Court as served on “counsel/parties of record” on December 10, 2004. See United States v. Ortega-Brito, 311 F.3d 1136, 1138 (9th Cir.2002); see also United States v. Stocks, 104 F.3d 308, 312 (9th Cir.1997). Accordingly, we affirm the district court. AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Davy Jay Bounsall appeals from the 22-month term of imprisonment imposed following the district court’s revocation of his supervised release.
Key Points
01MEMORANDUM ** Davy Jay Bounsall appeals from the 22-month term of imprisonment imposed following the district court’s revocation of his supervised release.
02Bounsall contends that his due process and statutory rights were violated by the lack of notice that the district court had modified the terms of his supervised release.
03He contends that, to the extent he lacked adequate notice of his supervised release conditions, his resulting sentence was unreasonable.
04The record reflects that, on August 30, 2004, Bounsall signed a written waiver agreeing to the modification of the contested supervised release condition.
Frequently Asked Questions
MEMORANDUM ** Davy Jay Bounsall appeals from the 22-month term of imprisonment imposed following the district court’s revocation of his supervised release.
FlawCheck shows no negative treatment for United States v. Bounsall in the current circuit citation data.
This case was decided on November 14, 2006.
Use the citation No. 8625974 and verify it against the official reporter before filing.