United States of America, Plaintiff-appellee, v. Lamont Rafael Huffman, Defendant-appellant, 954 F.2d 727 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 954 F.2d 727 (9th Cir. 1992) Submitted Jan. 10, 1992. *Decided Feb. 10, 1992

Before FARRIS, NOONAN and TROTT, Circuit Judges.


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.


The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 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