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U.S. v. BROUSSARD

No. 09-10331.

611 F.3d 1069 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Deante BROUSSARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2010.

Attorney(s) appearing for the Case

Briefed by Ethan A. Balogh, Coleman & Balogh LLP, San Francisco, CA, for the defendant-appellant.

Briefed by Joseph P. Russoniello, United States Attorney, Northern District of California, San Francisco, CA; Barbara J. Valliere, Chief, Appellate Section, Northern District of California, San Francisco, CA; and Owen P. Martikan, Assistant United States Attorney, Northern District of California, San Francisco, CA, for the plaintiff-appellee.

Before ALEX KOZINSKI, Chief Judge, DAVID R. THOMPSON and M. MARGARET McKEOWN, Circuit Judges.

KOZINSKI, Chief Judge:

We consider how convictions for contempt of court are classified for sentencing purposes in the wake of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Facts

This case arises from Deante Broussard's third supervised release violation. But the story starts much earlier, when he was released following his first supervised release violation. One of the terms...

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