United States v. Craig Freisinger

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 15, 1998
• Docket: 98-2471
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 98-2471 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Craig Freisinger, * * [UNPUBLISHED] Appellant. * ___________

Submitted: October 2, 1998 Filed: October 15, 1998 ___________

Before McMILLIAN, LOKEN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Craig Freisinger appeals the sentence the district court1 imposed on him after revoking his supervised release, on the basis that his sentence exceeds the suggested range of imprisonment calculated by the court under U.S. SENTENCING GUIDELINES MANUAL § 7B1.4(a), p.s. (1997).

1 The Honorable Michael J. Melloy, Chief Judge, United States District Court for the Northern District of Iowa. We reject Freisinger’s challenge. The Chapter 7 policy statements are “merely advisory,” the sentence does not exceed the limit imposed by 18 U.S.C. § 3583(e)(3), and the district court properly considered Freisinger’s need for drug treatment. See Unites States v. Carr, 66 F.3d 981, 983 (8th Cir. 1995) (per curiam); United States v. Jones, 973 F.2d 605, 607 (8th Cir. 1992).

Accordingly, we affirm the judgment of the district court

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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