United States v. Gary L. Rockwood , 47 F. App'x 792 ( 2002 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-1875
    ___________
    United States of America,               *
    *
    Appellee,            * Appeal from the United States
    * District Court for the District
    v.                                * of Nebraska.
    *
    Gary L. Rockwood,                       *      [UNPUBLISHED]
    *
    Appellant.           *
    ___________
    Submitted: September 24, 2002
    Filed: October 9, 2002
    ___________
    Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges.
    ___________
    PER CURIAM.
    After a hearing, the district court* found Gary L. Rockwood had violated his
    supervised release conditions. The court revoked supervised release and sentenced
    Rockwood to twelve months and one day imprisonment, to be followed by twenty-
    four months supervised release. On appeal, Rockwood contends (1) the district
    court's finding that he violated certain release conditions was clearly erroneous, and
    *
    The Honorable Joseph F. Bataillon, United States District Judge for the
    District of Nebraska.
    (2) the district court abused its discretion in sentencing him. We reject Rockwood's
    arguments and affirm.
    First, the district court did not commit clear error in finding Rockwood violated
    his supervised release by entering into a transaction with a financial institution
    without first obtaining his probation officer's written approval, and by lying to his
    probation officer about his status as an investor in a theatrical productions business.
    See United States v. Noland, 
    960 F.2d 1384
    , 1390 (8th Cir. 1992) (standard of
    review).
    Second, the district court, which commented on the seriousness of Rockwood's
    violations and noted the revocation sentencing range recommended by Chapter 7
    policy statements, did not abuse its discretion in imposing the revocation sentence.
    See United States v. Grimes, 
    54 F.3d 489
    , 492-93 (8th Cir. 1995) (standard of
    review); United States v. Shaw, 
    180 F.3d 920
    , 922 (8th Cir. 1999) (revocation
    sentence exceeding non-binding Guidelines range is not "upward departure").
    Accordingly, we affirm.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 02-1875

Citation Numbers: 47 F. App'x 792

Filed Date: 10/9/2002

Precedential Status: Non-Precedential

Modified Date: 1/12/2023