United States v. Robert O'DOnnell

MEMORANDUM

Robert O’Donnell (“O’Donnell”) appeals the district court’s judgment, which found that he had consumed alcohol and associated with felons in violation of two conditions of his supervised release, and which revoked his original term of 36 months’ supervised release, committed him to federal custody for five days’ time served, and imposed on him a new term of 36 months’ supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

The district court did not violate O’Donnell’s Fifth and Sixth Amendment rights when it denied his requests for an evidentiary hearing to call to the stand his treating counselor, therapist friend, and probation officer. To the extent O’Donnell sought testimony from these witnesses to contend that the district court should not impose a new term of imprisonment, or a supervised release condition that he reside in a residential reentry center, this issue is moot: the district court did not impose a new term of imprisonment, and O’Donnell has already completed his six months in a residential reentry center. United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir.1999). To the extent O’Donnell sought testimony from these…