(DOWNLOAD) "United States v. Robinson-Amador" by Ninth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Robinson-Amador
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 13, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Fernando Robinson-Amador appeals the 18 month sentence imposed upon the revocation of his term of supervised release. Robinson-Amador argues that the district court erred in determining that his admitted use of cocaine, as evidenced by "dirty" urine samples, constituted a Grade A violation as defined in U.S.S.G. § 7B1.1(a)(1)(ii) when his offense was actually a less serious Grade C violation under U.S.S.G. § 7B1.1(a)(3). Robinson-Amador contends that although U.S.S.G. § 7B1.4(a) sets the penalty for Grade C violations at 3-9 months, he is subject to a mandatory minimum penalty of "not less than one-third of the term of supervised release" pursuant to 18 U.S.C. 3583(g). Because his original term of supervised release was 36 months, Robinson-Amador argues that the district court should have sentenced him to a maximum of twelve months imprisonment pursuant to U.S.S.G. § 7B1.4(b)(2), which provides that "where the minimum term of imprisonment required by statute . . . is greater than the maximum of the applicable range, the minimum term of imprisonment . . . shall be substituted for the applicable range." We reverse and remand for resentencing.