United States of America, Plaintiff-appellee, v. Jayson R. Thompson, Defendant-appellant, 34 F.3d 1075 (9th Cir. 1994)

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U.S. Court of Appeals for the Ninth Circuit - 34 F.3d 1075 (9th Cir. 1994) Submitted Aug. 23, 1994. *Decided Aug. 26, 1994

Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges.


MEMORANDUM** 

Jayson R. Thompson appeals his sentence under the Sentencing Guidelines for violating his term of supervised release by testing positive for amphetamine/methamphetamine. Thompson contends that the district court's consideration of his failure to appear at a revocation hearing as a factor in sentencing him at the high end of the Guidelines range constituted impermissible double counting because Thompson received a consecutive sentence for a contempt of court conviction arising out of the same failure to appear. Because we lack jurisdiction to review a district court's discretionary decision to impose sentence at a particular place within the applicable Guidelines range, see United States v. Reed, 914 F.2d 1288, 1290 (9th Cir. 1990), this appeal is dismissed.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

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

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