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

Annotate this Case
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.


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.

 *

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