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No. 8645183
United States Court of Appeals for the Ninth Circuit
United States v. Fleming
No. 8645183 · Decided November 20, 2007
No. 8645183·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 20, 2007
Citation
No. 8645183
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Craig Richard Fleming appeals from the 12-month sentence imposed following the revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Appellant contends that the district court erred by improperly considering uncharged conduct and dismissed allegations in imposing a sentence at the high end of the undisputed Sentencing Guidelines policy range. We disagree. The Sixth Amendment concerns addressed in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), are not implicated by the imposition of a new term of imprisonment following revocation of supervised release. See United States v. Huerta-Pimental, 445 F.3d 1220, 1224 (9th Cir.2006). Furthermore, we conclude that the sentence imposed was not unreasonable. See United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir.2006). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Craig Richard Fleming appeals from the 12-month sentence imposed following the revocation of supervised release.
Key Points
01MEMORANDUM ** Craig Richard Fleming appeals from the 12-month sentence imposed following the revocation of supervised release.
02Appellant contends that the district court erred by improperly considering uncharged conduct and dismissed allegations in imposing a sentence at the high end of the undisputed Sentencing Guidelines policy range.
03738 , 160 L.Ed.2d 621 (2005), are not implicated by the imposition of a new term of imprisonment following revocation of supervised release.
04Furthermore, we conclude that the sentence imposed was not unreasonable.
Frequently Asked Questions
MEMORANDUM ** Craig Richard Fleming appeals from the 12-month sentence imposed following the revocation of supervised release.
FlawCheck shows no negative treatment for United States v. Fleming in the current circuit citation data.
This case was decided on November 20, 2007.
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