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U.S. v. WHITE FACE

Nos. 03-4043, 03-4059, 04-1030, 04-1239, 04-1527.

383 F.3d 733 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Cornell WHITE FACE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. George Charles Hawk Wing, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Gene Alan Rossman, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Warren Red Cloud, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Joseph Evans, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 7, 2004.

Attorney(s) appearing for the Case

Gary G. Colbath, Jr., argued and briefed, Rapid City, SD, for appellant.

Jonathan Allen Kobes, argued, Asst. U.S. Attorney, Rapid City, SD (Gregg S. Peterman, Asst. U.S. Attorney, Rapid City, SD, for White Face, Carolyn G. Royce, Asst. U.S. Attorney, Rapid City, SD, for Hawk Wing, Mark A. Vargo, Asst. U.S. Attorney, for Rossman and Evans, Jonathan Allen Kobes, for Red Cloud, on the brief), for appellee.

Before WOLLMAN, HEANEY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Appellants violated the conditions of their supervised release and each was sentenced after revocation to a longer period than recommended in Chapter 7 of the United States Sentencing Guidelines Manual. They appeal and seek resentencing, contending that the district courts departed from the guidelines without notice and written statement of reasons. We affirm.

In 1990 the Sentencing Commission adopted policy statements in Chapter 7 which...

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