United States v. Olumuyiwa Ola Olabanji

OPINION

T.G. NELSON, Circuit Judge:

Olumuyiwa O. Olabanji appeals the sentence imposed upon the revocation of his probation. The district court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we reverse.

I. FACTS AND PROCEDURAL HISTORY

On September 9, 1998, Olabanji pleaded guilty to one count of forging an endorsement on a treasury check, a Class C felony under 18 U.S.C. § 510(a)(1). The applicable sentencing range was zero to six months’ imprisonment. The district court sentenced him to no time in prison but to three…