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No. 8643728
United States Court of Appeals for the Ninth Circuit
United States v. Stokes
No. 8643728 · Decided August 21, 2007
No. 8643728·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 21, 2007
Citation
No. 8643728
Disposition
See opinion text.
Full Opinion
*672 MEMORANDUM ** Michael Stokes appeals from the 18-month sentence imposed upon revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Stokes contends that the district court erred by imposing a sentence of two consecutive terms of 9-months imprisonment upon revocation of his supervised release. He asserts that this was error because the original term of supervised release imposed on his underlying conviction was only one year. This contention is unpersuasive. The instant sentence is both within the Guidelines range recommended by the Chapter 7 policy statements, and below the statutory maximum. See 18 U.S.C. § 3583 (e)(3); see also United States v. George, 184 F.3d 1119, 1122 (9th Cir.1999). In addition, the district court did not err in imposing consecutive sentences of imprisonment. See United States v. Jackson, 176 F.3d 1175, 1177-79 (9th Cir.1999) (per curiam). We therefore AFFIRM the district court’s judgment. The district court’s original judgment, however, incorrectly identifies 18 U.S.C. § 1521 (c)(1) as the statute violated. The correct statute is 18 U.S.C. § 1512 (c)(1), as charged in Count 2 of the Indictment. We REMAND to the district court for the limited purpose of correcting the judgment accordingly. See 28 U.S.C. § 2106 . AFFIRMED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
*672 MEMORANDUM ** Michael Stokes appeals from the 18-month sentence imposed upon revocation of his supervised release.
Key Points
01*672 MEMORANDUM ** Michael Stokes appeals from the 18-month sentence imposed upon revocation of his supervised release.
02Stokes contends that the district court erred by imposing a sentence of two consecutive terms of 9-months imprisonment upon revocation of his supervised release.
03He asserts that this was error because the original term of supervised release imposed on his underlying conviction was only one year.
04The instant sentence is both within the Guidelines range recommended by the Chapter 7 policy statements, and below the statutory maximum.
Frequently Asked Questions
*672 MEMORANDUM ** Michael Stokes appeals from the 18-month sentence imposed upon revocation of his supervised release.
FlawCheck shows no negative treatment for United States v. Stokes in the current circuit citation data.
This case was decided on August 21, 2007.
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