U.S. v. LEONARD

No. 06-30127.

483 F.3d 635 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Dejon LEONARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2007.


Attorney(s) appearing for the Case

Gerald M. Needham, Assistant Federal Public Defender, for the appellant.

Karin J. Immergut, United States Attorney; Gary Y. Sussman, Assistant United States Attorney, for the appellee.

Before FARRIS, CLIFTON, and BEA, Circuit Judges.


CLIFTON, Circuit Judge.

This case primarily presents the question of whether, following violation by a defendant of conditions of supervised release, a district court may impose a sentence above the advisory range set forth in the Sentencing Guidelines, without giving advance notice of the possibility of a sentence outside the Guidelines range. We conclude that such advance notice is not required and affirm the sentence imposed in this case.

I. Background...

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