United States v. Dominick Daniel Nace

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Dominick Nace appeals from the sentence imposed by the district court1 following the revocation of his term of supervised release. We affirm.

Mr. Nace first argues that the district court, in violation of his fifth amendment right against self-incrimination, relied on his failure to report his drug use to his probation officer to “depart upward” three months above the guideline range set out in U.S.S.G. § 7B1.4. We note initially that because the guidelines for post-revocation sentences are now and were at the time of Mr. Nace’s sentencing advisory only,…