Opinion
No. 07-10593.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 16, 2008.
George L. Bevan, Jr., Esquire, Wade Maxwell Rhyne, Esquire, Office of the U.S. Attorney, Oakland, CA, Barbara J. Valliere, Esq., Office of the U.S. Attorney, San Francisco, CA, for Plaintiff-Appellee.
Mark Stuart Goldrosen, Esq., Law Office of Mark Goldrosen, San Francisco, CA, Michael P. Hollins, FCI-Dublin, Dublin, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of California, Saundra B. Armstrong, District Judge, Presiding. D.C. No. CR-92-00126-SBA.
Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Michael P. Hollins appeals from the 37-month sentence imposed following revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Hollins contends that the district court erred by sentencing him to a term greater than 24 months because his underlying conviction for felon in possession of a firearm is a Class C felony. This contention fails because, pursuant to 18 U.S.C. § 924(e), Hollins's underlying offense was punishable by life imprisonment, and is therefore a Class A felony. See 18 U.S.C. § 3559(a); see also United States v. Bland, 961 F.2d 123, 128 (9th Cir. 1992).