U.S. v. JONES

No. 12-50042.

696 F.3d 932 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Duane Howard JONES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2012.


Attorney(s) appearing for the Case

Becky Walker James , Kathryn A. Lohmeyer , Law Offices of Becky Walker James, Los Angeles, CA, attorneys for the appellant.

André Birotte Jr. , Curtis A. Kin , Robert E. Dugdale , Max B. Shiner , United States Attorney's Office, Los Angeles, CA, attorneys for the appellee.

Before: ARTHUR L. ALARCÓN, SIDNEY R. THOMAS, and MARSHA S. BERZON, Circuit Judges.


OPINION

THOMAS, Circuit Judge:

In this appeal from the district court's revocation of supervised release, we consider whether the district court erred in treating a state criminal conviction as a felony rather than a misdemeanor, when the sole categorical difference was a recidivist history. We conclude that the district court properly considered the conviction as a felony. However, because the district court included a written special condition of supervised...

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