FILED
NOT FOR PUBLICATION OCT 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30368
Plaintiff-Appellee, D.C. No. 3:10-cr-00259-BR
v.
MEMORANDUM*
EARL SCOTT CHESNUT,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Oregon
Anna J. Brown, District Judge, Presiding
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Earl Scott Chesnut appeals from the district court’s judgment and challenges
the sentence of 12 months and one day imposed upon the revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Chesnut contends that the district court violated his right to due process by
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
basing the sentence on inaccurate information regarding one of his prior
convictions. We review for plain error, United States v. Vanderwerfhorst, 576
F.3d 929, 934 (9th Cir. 2009), and find none. The government concedes that it
erroneously referred to one of Chesnut’s prior convictions as being for assault and
menacing when it was, in fact, just for menacing. However, the record reflects the
district court did not rely on this misstatement in imposing Chesnut’s sentence.
Rather, the record demonstrates that the district court properly based the sentence
on Chesnut’s history of domestic violence and breach of the court’s trust. See 18
U.S.C. § 3583(e); United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006).
Accordingly, there was no due process violation. See United States v. Christensen,
732 F.3d 1094, 1106 (9th Cir. 3013) (to establish a due process violation,
defendant must show that the challenged information “was demonstrably made the
basis for the sentence imposed”).
Chesnut’s unopposed motion to supplement the record is granted.
AFFIRMED.
2 15-30368