U.S. v. GARCIA

No. 02-50069.

323 F.3d 1161 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rey GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2003.


Attorney(s) appearing for the Case

Norma A. Aguilar, Federal Defenders of San Diego, San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Kristine L. Wilkes (on the brief), Assistant United States Attorney, Steven E. Stone (argued), Assistant United States Attorney, U.S. Atty's. office, San Diego, CA, for the plaintiff-appellee.

Before B. FLETCHER and HAWKINS, Circuit Judges, and BURY, District Judge.


OPINION

BURY, District Judge.

Appellant Rey Garcia appeals his sentence of five (5) years' imprisonment for his numerous probation violations. Garcia argues that the district court failed to provide adequate notice of its intent to depart upward from the Sentencing Guidelines and failed to properly consider the policy statements of Chapter 7 of the Guidelines. For the reasons set forth below, we affirm.

BACKGROUND

On March 22, 1999, after...

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