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United States v. Kirby Andre West, Jr.
Citations: 24 F.3d 252; 1994 U.S. App. LEXIS 18973; 1994 WL 143047Docket: 93-50613
Court: Court of Appeals for the Ninth Circuit; April 21, 1994; Federal Appellate Court
Kirby Andre West, Jr. appeals a twelve-year sentence imposed after the revocation of his probation for multiple violations, including failing to adhere to the rules of his drug treatment program and testing positive for cocaine. West was initially convicted of four counts of bank robbery and received a combination of prison time and probation. After completing his prison term, he began probation in September 1991, which was revoked in 1992 due to violations. Although the district court later readmitted him to probation, he violated the terms again in May 1993. During the appeal, West argued that the district court failed to exercise its discretion by mechanically reinstating the twelve-year sentence without considering changes in his circumstances, such as his attempts at new drug treatment and community service, as well as a psychological diagnosis. The Ninth Circuit found that the district court did indeed consider these factors but concluded that West had not taken advantage of previous treatment opportunities. The court noted that disagreement with the district court's assessment does not equate to a failure to consider the facts. The sentence was determined to be within statutory limits and thus was affirmed. The case was decided without oral argument, and its disposition is not suitable for publication.