United States v. Hassan Mohammed Alli, Jr.

CHAPMAN, Circuit Judge:

This appeal presents the question of whether upon revocation of probation and resentencing a defendant may be sentenced to a term of active prison confinement in excess of the guideline range applicable to the defendant at the time of his initial sentencing. We find that on the present facts he may not be, and we vacate the sentence and remand for resentencing.

I

On August 24, 1989, appellant Alii was sentenced to a term of probation for three years following a guilty plea for breaking into a United States Post Office building. As a condition of probation, appellant was…