United States v. Christian Garcia-Garcia

MEMORANDUM

Christian Williams Garcia-Garcia appeals from the district court’s judgment revoking his supervised release, and the resulting 18-month sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Garcia contends that the revocation procedures set forth in 18 U.S.C. § 3583 (e)(3) violate his rights under the Fifth and Sixth Amendments, because the sentence exceeds the statutory maximum the court can impose under the Guidelines, and because the allegation was not presented to either a grand or petit jury. This contention is foreclosed. See United States v. Huerta-Pimental, 445 F.3d 1220, 1224-1225 (9th Cir.2006); see also United States v. Patterson, 230 F.3d 1168, 1170-71 (9th Cir.2000) (the revocation of supervised release is a punishment imposed for the original offense).

Garcia also contends that the imposition of a term of imprisonment upon the revocation of supervised release violates both the double jeopardy clause of the Fifth Amendment, and the Separation of Powers doctrine. This contention is also foreclosed. See United States v. Soto-Olivas, 44 F.3d 788, 789-90 (9th Cir.1995); see also United States v. Mejia-Sanchez, 172 F.3d 1172, 1175 (9th…