Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 06-10477
D.C. No. CR—04-00866-JAT
Plaintiff — Appellee,
v.
JUDGMENT
RENEE EILEEN GEYER, aka Brenda
— Renee Green, j I _ c I or
Defendant - Appellant.
Appeal from the United States District Court for the District of Arizona
4 (Phoenix).
This cause came on to be heard on the Transcript of the Record from the
United States District Court for the District of Arizona (Phoenix) and was duly
submitted.
On consideration whereotQ it is now here ordered and adjudged by this {
Court, that the judgment ofthe said District Court in this cause be, and hereby is
VACATED AND REMANDED i —
Filed and entered 02/23/07 P
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Arrest ,
d I 9_ 2007
by: Deputy signi
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NOT FOR PUBLICATION
FEB 23 2007
UNITED STATES COURT OF APPEALS cm-nv A. cmrenson ctenx
us. couwr os Appears
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 06-10477
Plaintiff - Appellee, D.C. No. CR-04-00866-JAT
MEMoRANnUM*
RENEE EILEEN GEYER, aka Brenda
Renee Green,
Defendant - Appellant. _
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
submitted rbi-uttt·y 20, 2007**
Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.
Renee Eileen Geyer appeals from the 36-month sentence imposed after
revocation of her supervised release. We have jurisdiction pursuant to 28 U.S.C.
§ 1291. Because Geyer failed to object to her sentence, we review for plain error.
* This dispositionis not appropriate for publication and is not
precedent except as provided by 9th Cir. R. 36-3.
M This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:O4—cr—OO866—ROS Document 84 Filed O3/19/2007 Page 2 of 3

ig. i
L
See United States v. Garcia, 323 F.3d 1161, 1165 (9th Cir. 2003). We review the
ultimate sentence for reasonableness. See United States v. Miqbel, 444 F.3d 1173,
1176 & n.5 (9th Cir. 2006).
Geyer contends that the district court erred by sentencing her to an
unreasonable and unfair term of imprisonment outside the Chapter 7 Guidelines,
g and by failing to consider thesentencingrfactors pursuant to l8 U.S.C. § 3553 (a). g
Although the court considered the Chapter 7 Guidelines and the § 3553
factors, see United States v. George, 184 F.3d 1119, 1122-23 (9th Cir. 1999), the
sentence was unreasonable in light of the underlying sentence, the Sentencing
Guidelines, and the considerations in Geyer’s record. See United States v. Booker,
543 U.S. 220, 261 (2005). .
Counsel for appellant, Tyrone Mitchell, Esq., has filed a motion to withdraw
as appointed counsel. The motion is denied without prejudice to renewal in the
district court. Counsel Mitchell shall serve a copy of this memorandum
disposition on appellant individually. 9 if C in i i i i
VACATED and REMANDED. `
Judge Fernandez dissents. Considering Geyer’s long criminal history and
refusal to cooperate while on supervised release, I cannot say that the district
court’s decision was unreasonable. ATRUE COPYV
cmu-rv A. carrenson
cr.enr< OF count
ATTEST _
2 9
1 by: puty Clerk
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