Opinion of the Court — United States v. Gibson

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Type: Opinion of the Court
Filed: June 10, 2002
Case: United States v. Gibson
Case status: Decided

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SUMMARY ORDER AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED. Defendant-Appellant Rahmir Gibson appeals from a judgment entered on September 10, 2001, in the United States District Court for the Southern District of New York (Kevin T. Duffy, Judge), following revocation of his probation and sentencing. Gibson argues that the District Court erred in sentencing him to twenty-four months’ incarceration for violating the terms of his probation. On June 17, 1999, following his arrest on a criminal complaint of bank fraud, Gibson was charged in an information with stealing checks worth approximately $8,000, in violation of 18 U.S.C. § 2113 (b). Under the statute, that crime carries a maximum term of incarceration of ten years. On July 21, 1999, Gibson pleaded guilty to the charge in the information pursuant to a plea agreement in which the parties stipulated to a sentencing range of zero to six months under the United States Sentencing Guidelines (“Guidelines”). The Pre Sentence Report in Gibson’s case recognized Gibson’s “history of narcotics usage,” specifically use of marijuana, and recom…

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