United States of America, Plaintiff-appellee, v. Dwayne E. Speicer, Defendant-appellant, 145 F.3d 1343 (9th Cir. 1998)

Federal prisoner Dwayne E. Speicher appeals his 24-month sentence imposed following the revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. We review a district court's departure from the Guidelines for abuse of discretion. See United States v. Sablan, 114 F.3d 913, 916 (9th Cir. 1997), cert. denied, --- U.S. ----, 118 S. Ct. 851, 139 L. Ed. 2d 752 (1998).

Speicher contends that the district court abused its discretion in departing upwards from U.S.S.G. § 7B1.4 to facilitate a perceived need for drug rehabilitation. This contention lacks merit because the district court expressly sentenced Speicher based on his defiance of the first two conditions of his supervised release. See 18 U.S.C. § 3553(a) (2) (4); cf. United States v. Kikuyama, 109 F.3d 536, 538 (9th Cir. 1997) (departure expressly based on need for mental health rehabilitation found impermissible). Accordingly, the district court did not abuse its discretion. See Sablan, 114 F.3d at 916; U.S.S.G. § 7B1.4 n. 4 (1995) (allowing an upward departure where the original departure was the result of a downward departure).

AFFIRMED.