United States v. William James Dixon, Jr.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
This appeal turns on whether a probation-violating defendant may receive a sentence other than that available at the time the defendant was first sentenced to probation. The Sentencing Guidelines allow it, but the underlying probation revocation statute prohibits it. To the extent that the Guidelines conflict with the statute, we find them invalid. Accordingly, we vacate Dixon’s sentence for violating probation and remand for resentencing.
I
In July 1989, Dixon pleaded guilty to one count each of mail fraud and possessing stolen mail. Applying the - Sentencing…
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