United States of America, Plaintiff-appellee, v. Lamont Rafael Huffman, Defendant-appellant, 954 F.2d 727 (9th Cir. 1992)
Annotate this CaseBefore FARRIS, NOONAN and TROTT, Circuit Judges.
ORDER**
The government concedes error in this case. Huffman's criminal history was Category I. His violation did not include breaking any laws, so it was Grade C. Sentencing Guidelines § 7B1.1(a) (3). When a Category I prisoner commits a Grade C supervised-release violation, the guideline sentencing range is 3 to 9 months. Guidelines § 7B1.4(a). Although 18 U.S.C. § 3553(c) (2) requires the court to justify any upward departure, the court imposed a 14-month sentence without doing so.
We VACATE the sentence and REMAND to the district court for sentencing within the 3-to-9-month guideline range.
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