United States v. Victoria L. Ray

TASHIMA, Circuit Judge.

Defendant Victoria L. Ray appeals her sentence upon revocation of her supervised release on the ground that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), established the maximum term of imprisonment, for purposes of determining the maximum term of imprisonment post-revocation, as the high end of the applicable Sentencing Guidelines range, and that her sentence exceeded that maximum. Ray pled guilty to bank embezzlement in violation of 18 U.S.C. § 656 and was sentenced, pre- Booker, to a term of imprisonment followed by supervised release.…