U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Hendershot

United States v. Hendershot
U.S. Court of Appeals for the Ninth Circuit · Decided August 2, 2010 · Fletcher, Reinhardt, Wardlaw
390 F. App'x 719

United States v. Hendershot

Opinion

MEMORANDUM **

James Ralph Hendershot, III appeals from his 16-month sentence of imprisonment and three-year term of supervised release imposed following his jury-trial conviction for social security fraud in violation of 42 U.S.C. § 408(a)(4) and theft of federal government money in violation of 18 U.S.C. § 641. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Contrary to Hendershot’s contention, the imposition of his term of supervised release does not violate the terms of U.S.S.G. § 5Cl.l(d).

We also reject Hendershot’s contention that his term of supervised release was not authorized by statute. See 18 U.S.C. § 3583(a) (“The court ... may include as a part of the sentence ... a term of supervised release after imprisonment”); see also 18 U.S.C. § 3583(b) (for a Class C or Class D felony, not more than three years of supervised release may be imposed).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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