United States v. Jackson
United States v. Jackson
Opinion of the Court
MEMORANDUM
Darius Jackson violated the terms of his supervised release by committing an act of domestic violence and by failing to notify the probation officer of an address change within 72 hours. The district court sentenced Jackson to a prison term of eight months and a twenty-four month term of supervised release. Jackson appeals. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.
At the hearing, the government attorney represented to the court that Jackson’s conduct was a Grade B violation, for which the Guidelines suggest an “applicable range” of four to ten months for someone in Jackson’s criminal history category. See United States Sentencing Guidelines § 7B1.4(a) (policy statement). This was error. Jackson’s conduct was actually a Grade C violation, for which the Guidelines suggest a range of three to nine months. See id.
Jackson’s attorney did not object to the representation that this was a Grade B violation. We therefore may reverse only for plain error that “affects [the defendant’s] substantial rights” and “seriously affects the fairness, integrity or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (quotations and alterations omitted).
We VACATE the sentence and REMAND for resentencing consistent with this memorandum disposition.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.