Court of Appeals for the Ninth Circuit January 5, 2001, No. 00-30057; D.C. No. CR-93-02032-JET (United States v. Ruffo)

MEMORANDUM **

Dan Michael Ruffo appeals the three-year sentence imposed on revocation of supervised release. He contends that the district court failed to consider the applicable sentencing range set forth in the Sentencing Commission’s policy statement in U.S. Sentencing Guidelines Manual § 7B1.4(a) (1998). While the policy statement is not binding, the court must consider it. 18 U.S.C.