U.S. v. DIXON

Nos. 91-30136 to 91-30138.

952 F.2d 260 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. William James DIXON, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1991.


Attorney(s) appearing for the Case

Marsha L. McDonough, Gereld Joel Gedrose & Associates, Portland, Or., for defendant-appellant.

Leslie K. Baker, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before WRIGHT, THOMPSON and T.G. NELSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This appeal turns on whether a probation-violating defendant may receive a sentence other than that available at the time the defendant was first sentenced to probation. The Sentencing Guidelines allow it, but the underlying probation revocation statute prohibits it. To the extent that the Guidelines conflict with the statute, we find them invalid. Accordingly, we vacate Dixon's sentence for violating probation and remand for resentencing...

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