United States of America v. James Ralph Hendershot, Iii

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES RALPH HENDERSHOT, III,
Defendant - Appellant.
No. 08-30002
D.C. No. CR-06-00032-CCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
James Ralph Hendershot, III appeals from his 16-month sentence of
imprisonment and three-year term of supervised release imposed following his
jury-trial conviction for social security fraud in violation of 42 U.S.C. § 408(a)(4)
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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and theft of federal government money in violation of 18 U.S.C. § 641. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Contrary to Hendershot’s contention, the imposition of his term of
supervised release does not violate the terms of U.S.S.G. § 5C1.1(d).
We also reject Hendershot’s contention that his term of supervised release
was not authorized by statute. See 18 U.S.C. § 3583(a) (“The court . . . may
include as a part of the sentence . . . a term of supervised release after
imprisonment”); see also 18 U.S.C. § 3583(b) (for a Class C or Class D felony, not
more than three years of supervised release may be imposed).
AFFIRMED.

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