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U.S. v. TADEO

No. 99-10519.

222 F.3d 623 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Manuel TADEO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2000.

Attorney(s) appearing for the Case

Victoria Brambl, Assistant Federal Public Defender, District of Arizona, Tucson, Arizona, for the defendant-appellant.

Sandra Hansen, Assistant United States Attorney and Richard E. Gordon, Assistant United States Attorney, District of Arizona, Tucson, Arizona, for the plaintiff-appellee.

Before: ALARCON, O'SCANNLAIN, and GOULD, Circuit Judges.

ALARCON, Circuit Judge:

Juan Manuel Tadeo ("Tadeo") appeals from the 21-month sentence imposed by the district court following the revocation of his supervised release. Tadeo contends that the district court abused its discretion in departing upward from the policy statement range of 8 to 14 months for a Grade C violation of a condition of supervised release, and failing to consider his physical and mental impairments resulting from AIDS as mitigating evidence, requiring...

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